Opened door into speeding car

Opened door into speeding car

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Discussion

eskidavies

5,374 posts

159 months

Friday 6th May 2016
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Wtf are you suppose to do then,pull up to a complete stop every time a car comes in the opposite direction in case a door opens .

Actus Reus

4,234 posts

155 months

Friday 6th May 2016
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I think the Highway Code says 'yes' to that question.

silentbrown

8,840 posts

116 months

Friday 6th May 2016
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It just says this:
Hway code said:
Rule 152
Residential streets. You should drive slowly and carefully on streets where there are likely to be pedestrians, cyclists and parked cars. In some areas a 20 mph (32 km/h) maximum speed limit may be in force.

Look out for
  • vehicles emerging from junctions or driveways
  • vehicles moving off
  • car doors opening
  • pedestrians
  • children running out from between parked cars
  • cyclists and motorcyclists.
But more relevantly it says this
Hway code said:
Rule 239:

You MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic.
And "MUST" means it's not just advisory. It's the law. http://www.legislation.gov.uk/uksi/1986/1078/regul...

The Road Vehicles Construction and Use Regulations 1986 said:
Opening of doors

105. No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person.
Please can we close this now?

paintman

7,688 posts

190 months

Friday 6th May 2016
quotequote all
Think you'll find opening a car door to cause injury or danger to another road user is also an offence, not just an advisory from the Highway Code:
"Opening a Car Door
It is an offence to open a door of a motor vehicle or trailer on a road so as to cause injury or danger.
Sentences available include a fine of up to £1,000.00, or a fixed penalty.
The offence consists of opening a car door so as to cause danger or injury to any person. If a child opened a door and a parent permitted the door to be opened, then a parent could be held responsible for permitting the offence to have been permitted.
The charge has a wide definition. The Crown do not have to prove carelessness, nor that someone was struck or injured, only that the act caused danger."
http://www.pdsolicitors.co.uk/openingACarDoor.php

and (passenger opened door):

It turns out that the passenger had actually committed a criminal offence and would be liable of a fine up to £1000. (RVCUR r. 105; RTA s. 42; RTOA Sch 2). The exact wording is: it’s an offence to open “any door of a vehicle on a road so as to injure or endanger any person”.
http://www.londoncyclist.co.uk/ever-been-doored-it...

ETA silentbrown has given a link to the legislation whilst I was composing this!


Edited by paintman on Friday 6th May 17:25

PH XKR

1,761 posts

102 months

Friday 6th May 2016
quotequote all
You MUST ensure - great wording, I ensured I didn't open my door and hit the car, I diligently checked, I looked around and then opened the door therefore the driver hit my door as they were not driving with due care and attention.

mbcx4jrh

122 posts

120 months

Saturday 7th May 2016
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meta

DrDeAtH

3,588 posts

232 months

Sunday 8th May 2016
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silentbrown said:
Put it though insurance. Excess is only for damage to YOUR vehicle.
This... Once the insurance co take over, you have no comebacks from the third party.. This will include the inevitable whiplash claim, extortionate replacement car hire and legal fees....

Tomo1971

1,130 posts

157 months

Sunday 8th May 2016
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Many years ago I hit a cyclist - (did come out in the end as the cyclists fault so no real need to going into details) but to avoid the accident i really did anchor up and of course all 4 wheels locked and left a substantial skid mark (on my pants too) and made quite a noise. Every single witness said I was speeding - even though none of them actually saw the accident, they heard it and made the assumption.

Police measured the skid mark and with other factors into consideration deduced I was doing approx 25mph (in a 30).

Just saying!

agtlaw

6,712 posts

206 months

Sunday 8th May 2016
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The offence should prosecuted pursuant to s. 42 of the Road Traffic Act and Regulation 105 of the Road Vehicles (Construction and Use) Regulations 1986. Level 4 fine if goods vehicle (£2500). Otherwise, level 3 (£1000). Non-endorseable. The other possibility is s. 78 of the Highway Act 1835. Level 1 fine (£200). Non-endorseable.


A fixed penalty is available for the section 42 offence.


Edited by agtlaw on Sunday 8th May 17:27


Edited by agtlaw on Sunday 8th May 17:28

MKnight702

3,109 posts

214 months

Sunday 8th May 2016
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MikeGoodwin said:
Thanks, I think what I need to know is, is £700 unreasonable. Just seems to me like he is being taken for a ride.

Also, family was stood at the side of the road, he didnt see it.
Sounds like a good deal to me. I had someone open their door into me as I was passing, damaged my door mirror and scraped just the drivers door. Quote from Mercedes to fix in the region of £1,800.

LeoSayer

7,307 posts

244 months

Monday 24th June 2019
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Monkeylegend

26,407 posts

231 months

Monday 24th June 2019
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LeoSayer said:
There isn't anything 1977


anonymous-user

54 months

Monday 24th June 2019
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LeoSayer said:
Oh I absolutely agree.

sospan

2,485 posts

222 months

Monday 24th June 2019
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Who is doing the repair?
Main dealer? Independent?
New genuine Seat panel or pattern part?
How many other quotes?
These will determine the cost.

j_4m

1,574 posts

64 months

Monday 24th June 2019
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hacksaw said:
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.
My dog recently jumped on some poor bloke's parked Audi and scratched the bonnet down to metal. The local bodyshop charged me £430 to respray the whole bonnet, though that's at London prices.

Pericoloso

44,044 posts

163 months

Monday 24th June 2019
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Strangest thread bump ever.

Speechless ,much like the bumper....paperbag

eldar

21,756 posts

196 months

Monday 24th June 2019
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Someone said earlier it was an invisible Delorean.

Turfy

1,070 posts

181 months

Monday 24th June 2019
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He should look at it as a £700 fine on behalf of the "Stupidity and Blame Culture Police".

The £700 fine your friend gets looks cheap. It is not yet like the speeding fines that are linked to income.

Pay it. Accept it is his fault and move on...

matjk

1,102 posts

140 months

Monday 24th June 2019
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Speeding car is at fault, clearly he wasn't going fast enough, if the speeding car had been doing just 10mph more he would have cleared the opening door before the event and everyone would have been happy. Clear proof that going to slowly causes hazards.

Marvib

528 posts

146 months

Monday 24th June 2019
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I was taught the Dutch reach by my driving instructer many years ago

And no it's not a eupemism

https://youtu.be/XRcdS-2GdhI