What if; Taxi door opened into road, car hits it?

What if; Taxi door opened into road, car hits it?

Author
Discussion

Andehh

Original Poster:

7,107 posts

205 months

Wednesday 27th May 2015
quotequote all
I was driving through town and someone opened a taxi door into the road a few inches & peeked out, only to see me coming. They waited.

What would happen if they swing the door open, and a passing car takes it clean off. Does it come off the taxi's insurance, claim off the passenger, or suck it up myself? Who is ''at fault'' in the eyes of the insurance?

Just curious!


Rovinghawk

13,300 posts

157 months

Wednesday 27th May 2015
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IIRC correctly, it's the door opener's fault.

(RTA 1985 para 125, I think?)

vonhosen

40,198 posts

216 months

Wednesday 27th May 2015
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RV Con and Use Regs 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.

Dog Star

16,079 posts

167 months

Wednesday 27th May 2015
quotequote all
vonhosen said:
RV Con and Use Regs 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.
A passenger in a car on my right hand side opened their door right in my path while I was filtering on my motorbike. That's what he got done for. He was actually taken off in a Police van down to the local station.

(And before the usual suspect pipes up: yes, this did happen. No I have no proof - it was August 2001)

The Count

3,261 posts

262 months

Wednesday 27th May 2015
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Many years ago people would stand near their car, wait for a break in traffic, then carefully get in the car.

Now....its all 'me, me, me' attitude, brazenly marching with their backs facing the traffic and whoosh, the door swings open.

It's the same when drivers park up. The doors come flying open into oncoming traffic.

mad

r44flyer

457 posts

215 months

Wednesday 27th May 2015
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My wife had an accident where she went into an open car door. She didn't see it as she was focussed on someone walking into the road from the other side to nip behind her as she passed, thus she gave him a wider berth but hit the door of a car parked on the left. Insurance went against her and said it would come down to a witness saying whether the door was opened immediately into her path, giving her no time to react, or whether she effectively drove into a stationary object.

BertBert

18,954 posts

210 months

Thursday 28th May 2015
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sad to say that's in hazard awareness 101 (for the people who are aware of it)!

pork911

7,087 posts

182 months

Thursday 28th May 2015
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r44flyer said:
My wife had an accident where she went into an open car door. She didn't see it as she was focussed on someone walking into the road from the other side to nip behind her as she passed, thus she gave him a wider berth but hit the door of a car parked on the left. Insurance went against her and said it would come down to a witness saying whether the door was opened immediately into her path, giving her no time to react, or whether she effectively drove into a stationary object.
would it even need that?

just a question to your wife would be sufficient - did you drive into the open door? i don't know i wasn't looking at it

Octoposse

2,152 posts

184 months

Thursday 28th May 2015
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Seen it happen twice (fortunately no injuries).

It's much, much worse than the movies (where the door flies off) . . . 'A' pillar twisted, door folded against front wing, and bite taken out of moving vehicle. At least one written off.

Du1point8

21,604 posts

191 months

Thursday 28th May 2015
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Octoposse said:
Seen it happen twice (fortunately no injuries).

It's much, much worse than the movies (where the door flies off) . . . 'A' pillar twisted, door folded against front wing, and bite taken out of moving vehicle. At least one written off.
Seen it happen and was a witness for the car driver, a driver flung open her door whilst on her phone and the car passing folded the door against the front wing.

Cue passenger and driver running across to the driver and started effing and blinding about how he should watch where he was driving and how could he be so carless to drive into an open door, etc...

I stepped up and told him I had seen everything and would happily be his independent witness as to how she didn't look, was on her phone and opened the door into the path of a car, plus it was bloody lucky it was not a motor cyclist, that would have smarted.

iambeowulf

712 posts

171 months

Thursday 28th May 2015
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In this case the onus is on the licensed driver (taxi) to make sure his paying passengers alight from the vehicle in a safe secure manner. Often they'd get out and open the door for them.

If his car door hits another vehicle he is liable not the passenger. It's then up to him to chase any damages from the passenger.

This is why all private hire and taxi vehicles have expensive comprehensive legal and liability insurance.

over_the_hill

3,185 posts

245 months

Thursday 28th May 2015
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I seem to recall some advice - possibly in the Highway Code - that you should leave a doors width when passing parked vehicles (assuming that is possible and if not the street is probably so narrow you will be crawling) to help avoid such an occurrence.

I remember many years ago as a kid I saw it happen - car driver opened door in front of an approaching bus. The top corner of the door got folded over and inwards much like you would crease a corner of a book page. The door could no longer be closed.

cologne2792

2,126 posts

125 months

Thursday 28th May 2015
quotequote all
The Count said:
Many years ago people would stand near their car, wait for a break in traffic, then carefully get in the car.

Now....its all 'me, me, me' attitude, brazenly marching with their backs facing the traffic and whoosh, the door swings open.

It's the same when drivers park up. The doors come flying open into oncoming traffic.

mad
That annoys me too ! I always wait for a gap and jump in as quickly as possible.

Andehh

Original Poster:

7,107 posts

205 months

Thursday 28th May 2015
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In the case for me where I watched the door open slightly, I would have had little chance had it been flung open. 2 lane road with cars parked along my side, and with so many cars parked up bumper to bumper it would have been impossible to see if there is anyone in each car.

As for leaving the 1 door width - that'd have put me into oncoming traffic.

Guffy

2,310 posts

264 months

Thursday 28th May 2015
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A kind lady opened her car door into the path of my bicycle, resulting in broken ribs (Mine biggrin) She was charged.

oyster

12,577 posts

247 months

Thursday 28th May 2015
quotequote all
Andehh said:
In the case for me where I watched the door open slightly, I would have had little chance had it been flung open. 2 lane road with [b]cars parked along my side[/b[], and with so many cars parked up bumper to bumper it would have been impossible to see if there is anyone in each car.

As for leaving the 1 door width - that'd have put me into oncoming traffic.
So why didn't you give way to oncoming traffic if there wasn't room to pass the parked cars safely?

iambeowulf

712 posts

171 months

Thursday 28th May 2015
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Guffy said:
A kind lady opened her car door into the path of my bicycle, resulting in broken ribs (Mine biggrin) She was charged.
Charged with what exactly?

Careless dooring?
Cruelty to bicyclists?

AyBee

10,522 posts

201 months

Thursday 28th May 2015
quotequote all
Guffy said:
A kind lady opened her car door into the path of my bicycle, resulting in broken ribs (Mine biggrin) She was charged.
Pleased about that. Had a taxi passenger just fling open the door in front of me the other day, fortunately my loud shout was enough to get him to shut it again before I hit it but could have been painful. Wondered whether it would be the passenger who got done (for opening the door), or the driver (for allowing the door to be opened when not in a suitable position, i.e. in the middle of his lane rather than pulling in to the kerb).

A common lawyer

319 posts

127 months

Thursday 28th May 2015
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A little off topic, but I prosecuted an old boy who opened his door into the path of a sailor cycling back down to the harbour. The specific door-opening offence. He represented himself, said he'd looked before opening his door, that the road was clear, it must have been the young lad's fault, he was going too fast, etc.

Quick bit of maths, based on how far he said he could see to be clear in his mirror, and his estimation of elapsed time between checking it was clear and opening the door. The cyclist must have been doing about 400mph... Old chap was convicted, naturally. Probably just looked but didn't see. Sailor got a broken neck for his troubles, but made a full recovery. Old boy got a small fine, if I recall correctly.

I always crack the door and look back up the road before swinging it open.

anonymous-user

53 months

Thursday 28th May 2015
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A girl I work with lives in a terraced street and therefore parallel parks her car on the side of the road every day.

She was cleaning her 206 one day and had climbed in the side facing the road to reach the back seats and the door kept falling shut onto her feet, so in frustration she booted the door wide open, just as a car was passing.

It was a right mess with the door pretty much folded back onto the front wing.

The woman driving the other car said it wasn't her fault naturally and my work colleague contested this vigorously.

In the end, my work colleague lied to the police and insurance company and stated that she had the door open the whole time and the woman ploughed right into it.

Because of her misleading statement, the other drivers insurance paid out for all the repairs.

To sum up what the police told her at the time: if you crash into an already open door you either haven't left enough room to pass safely or aren't watching where you are going, then it will be wholly your fault.

If you crash into a door that someone has just flung open in front of you, then it won't be your fault unless you are driving far too close to the parked cars.