Opened door into speeding car

[hacksaw]

BertBert said:

Really? You think that £700 is expensive for a new panel fit and paint to match plus bumper work which is hateful at best? Nah bite his hand off.
Bert

This, most definitely.

[PH XKR]

TooMany2cvs said:

MikeGoodwin said:

I am assuming this will be 'his fault' based on who went into who?

He opened a car door into the path of another vehicle, of course it's his fault...

is the wrong answer as a passing should make appropriate distance and caution for opening car doors. I remember this from my driving lessons, no doubt twig would argue otherwise...

[grumpyscot]

PH XKR said:

is the wrong answer as a passing should make appropriate distance and caution for opening car doors. I remember this from my driving lessons, no doubt twig would argue otherwise...

Back in 1973, I opened my door and another car tried to take it off (didn't succeed - Saab 99 doors were pretty string!). Anyway, I was fined (a whole £15) and licence endorsed.

[300bhp/ton]

MikeGoodwin said:

who I am told (and has been witnessed by other members of his family) was going a proper stupid speed.

Why do people post such obvious nonsense??

[snorky782]

PH XKR said:

TooMany2cvs said:

MikeGoodwin said:

I am assuming this will be 'his fault' based on who went into who?

He opened a car door into the path of another vehicle, of course it's his fault...

is the wrong answer as a passing should make appropriate distance and caution for opening car doors. I remember this from my driving lessons, no doubt twig would argue otherwise...

Most people on this thread would argue otherwise. You should give sufficient space, but that doesn't mean others can do things with impunity. Opening a door into the path of a vehicle is negligent.

[300bhp/ton]

snorky782 said:

PH XKR said:

TooMany2cvs said:

MikeGoodwin said:

I am assuming this will be 'his fault' based on who went into who?

He opened a car door into the path of another vehicle, of course it's his fault...

is the wrong answer as a passing should make appropriate distance and caution for opening car doors. I remember this from my driving lessons, no doubt twig would argue otherwise...

Most people on this thread would argue otherwise. You should give sufficient space, but that doesn't mean others can do things with impunity. Opening a door into the path of a vehicle is negligent.

And also rather dictated by location. If the road isn't wide enough to give sufficient room, then what do you do?

[Flibble]

300bhp/ton said:

MikeGoodwin said:

who I am told (and has been witnessed by other members of his family) was going a proper stupid speed.

Why do people post such obvious nonsense??

Quite, surely if the car was going at a "proper stupid speed" it would have taken his door off?

[speedking31]

steveo3002 said:

yeah cant imagine it was speeding , walking speed would be plenty enough to muller the door

Depends if approaching from the front or rear. We assume rear otherwise the doorflinger would have seen the oncoming vehicle and been a bit more circumspect.

If you're in a car park and open your door into an adjacent space when someone is pulling in you would still be responsible for any impact even though they are obviously going to be going at well below the speed limit.

[silentbrown]

MikeGoodwin said:

Thing is after his excess and the loss of his no claims itll probably cost that

Put it though insurance. Excess is only for damage to YOUR vehicle.

[TooMany2cvs]

fangio said:

Where do you lot get your bodywork done? My A3 had a new bumper, front wing, foglight grille (Audi parts) and paint and labour for £700 after a truck clipped it.

Do you have a mate that runs an Audi dealer's parts dept? I'm surprised the parts alone aren't more than that.

[PH XKR]

300bhp/ton said:

snorky782 said:

PH XKR said:

TooMany2cvs said:

MikeGoodwin said:

I am assuming this will be 'his fault' based on who went into who?

He opened a car door into the path of another vehicle, of course it's his fault...

is the wrong answer as a passing should make appropriate distance and caution for opening car doors. I remember this from my driving lessons, no doubt twig would argue otherwise...

Most people on this thread would argue otherwise. You should give sufficient space, but that doesn't mean others can do things with impunity. Opening a door into the path of a vehicle is negligent.

And also rather dictated by location. If the road isn't wide enough to give sufficient room, then what do you do?

Slow down so you have enough time to react and stop if necessary

[silentbrown]

PH XKR said:

Slow down so you have enough time to react and stop if necessary

All good advice about how to minimize the chances of being involved in an accident, but makes no difference to the negligence and culpability of the car-door-opener.

[PH XKR]

http://www.trafficaccidentadvice.co.uk/collision-w...

Mate says he looked, as ge did, onus I on driver. Thread bloody closed

[jimmy156]

PH XKR said:

http://www.trafficaccidentadvice.co.uk/collision-w...

Mate says he looked, as ge did, onus I on driver. Thread bloody closed

Really? That link just repeats what is said on this thread, the opening line is

"Who is at fault in this situation really depends on the circumstances"

It also says this:

However, the onus also sits on the driver or passenger in the car to make sure that the area around their car is clear before they open any doors, whether it be to get out of the car or put shopping, or a child inside. Section 239 of the Highway Code states that you should ensure that you do not hit anyone when you open your car door and that you should check carefully for cyclists or other road users/pedestrians before you do so."

And considering the OP said this:

So while stationary hes gone and opened his car door into this woman's car

I would say that yes, your mate is definitely at fault, thread closed!

Edited by jimmy156 on Thursday 5th May 21:42

[eskidavies]

300bhp/ton said:

snorky782 said:

PH XKR said:

TooMany2cvs said:

MikeGoodwin said:

I am assuming this will be 'his fault' based on who went into who?

He opened a car door into the path of another vehicle, of course it's his fault...

is the wrong answer as a passing should make appropriate distance and caution for opening car doors. I remember this from my driving lessons, no doubt twig would argue otherwise...

Most people on this thread would argue otherwise. You should give sufficient space, but that doesn't mean others can do things with impunity. Opening a door into the path of a vehicle is negligent.

And also rather dictated by location. If the road isn't wide enough to give sufficient room, then what do you do?

Just keep wide and go head on into oncoming cars ,just in case someone open a door,

[KungFuPanda]

PH XKR said:

300bhp/ton said:

snorky782 said:

PH XKR said:

TooMany2cvs said:

MikeGoodwin said:

I am assuming this will be 'his fault' based on who went into who?

He opened a car door into the path of another vehicle, of course it's his fault...

is the wrong answer as a passing should make appropriate distance and caution for opening car doors. I remember this from my driving lessons, no doubt twig would argue otherwise...

Most people on this thread would argue otherwise. You should give sufficient space, but that doesn't mean others can do things with impunity. Opening a door into the path of a vehicle is negligent.

And also rather dictated by location. If the road isn't wide enough to give sufficient room, then what do you do?

Slow down so you have enough time to react and stop if necessary

What if a car door opens just as you're passing it or in the process of passing it leaving you no time to react?

[PH XKR]

swerni said:

PH XKR said:

http://www.trafficaccidentadvice.co.uk/collision-w...

Mate says he looked, as ge did, onus I on driver. Thread bloody closed

Thread bloody open

Section 239 of the Highway Code states that you should ensure that you do not hit anyone when you open your car door and that you should check carefully for cyclists or other road users/pedestrians before you do so. So if you open your car door without looking and a passing driver hits it, then it is likely to be you that will take the blame for the collision. However if you open your car door with no traffic around and another driver comes along and hits it, then you can argue that they were not driving with due care and attention because they didn’t see the door open in time to stop.

And the mate says "I checked the road was clear, I used my mirrors, I checked over my shoulder and there was no danger. I then turned my head back, started to open the door when this car suddenly appeared". Now the driver has to prove they were driving with due care and attention!

So the burden of proof, unless there is a dashcam involved, falls to the driver.

[silentbrown]

PH XKR said:

And the mate says "I checked the road was clear, I used my mirrors, I checked over my shoulder and there was no danger. I then turned my head back, started to open the door when this car suddenly appeared".

Ah. So it was a De Lorean at 88MPH. Explains everything...

But car's don't suddenly appear. What you mean is he didn't see the car. His eyes probably looked towards it, but the brain didn't register it. Visual saccades, and all that. http://www.portsmouthctc.org.uk/a-fighter-pilots-g...

Yes, the other driver could have reduced the risk of an accident due to the door being NEGLIGENTLY opened, but that doesn't shift any blame.

[Monkeylegend]

A bit of perspective is needed here.

If you open your car door and it is hit by a passing car it is their fault for not driving with due care.

If you are driving past a car and the driver opens their door into your path and you hit it, it's their fault for poor observation.

Think that's covered all angles.

[Actus Reus]

This happened to a friend - but he was driving (at a sane speed) - the claim came from his insurance because (in his words) 'the other guy wasn't driving - car insurance for accidents only counts when you're driving, so, because the ignition was off and handbrake on, it was my fault for not leaving enough space for a door to open'.

No idea if that's accurate, but that's what I was told at the time and I was taught to drive past parked cars leaving enough room for a door to open (not always possible of course).