BEING SUED

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Discussion

dorifter

Original Poster:

103 posts

242 months

Saturday 5th June 2004
quotequote all
this american cyclist hits the car just as i open the door ....?quiet surbaban backstreet,parked cars both sides and no on coming or approaching traffic.......?he says its my neglegense but surely he should of positioned himself better....his journey had only begun 20 yrds previous,uphill .....any comments ?

Balmoral Green

41,046 posts

249 months

Saturday 5th June 2004
quotequote all
So if a car had hit your door just as you opened it, the difference would be? Surely you look to see if a car is coming before you open your door? A cyclist was coming instead, whats the difference?

Sorry, not sympathetic, I have got it on me this morning!

nick heppinstall

8,110 posts

281 months

Saturday 5th June 2004
quotequote all
You are totally in the wrong mate. You should always check. You could have killed the guy.

Balmoral Green

41,046 posts

249 months

Saturday 5th June 2004
quotequote all
Mind you, have to say, if road was clear, supposed to leave a doors width arent we.

ledfoot

777 posts

253 months

Saturday 5th June 2004
quotequote all
dorifter


You should have looked before opening the door

I have no sympathy for any idiot opening a car door in front of my face.

Very deadly.

edc

9,245 posts

252 months

Saturday 5th June 2004
quotequote all
You've all assumed he didn't check ...

BliarOut

72,857 posts

240 months

Saturday 5th June 2004
quotequote all
edc said:
You've all assumed he didn't check ...


Well if he did it wasn't very thorough

gone

6,649 posts

264 months

Saturday 5th June 2004
quotequote all
Down to you Old Son. Did the cyclist receive any injury?

Were the Police called?

You can be prosectued for opening the door negligently if someone is injured/ something is damaged as a result!

PetrolTed

34,430 posts

304 months

Saturday 5th June 2004
quotequote all
Was he injured or his bike damaged?

What's he actually claiming for?

Whilst it does technically sound negligent on your part does the bloke have some genuine claim or is he just adopting a "sue you" attitude for mental anguish or bollox like that?

I got knocked off my push-bike years ago. In today's world I'd be chasing after the car driver with a team of lawyers. Instead I picked myself up, gave the driver and earful and went to work.

I bet I've opened my door in a quiet road before without checking.

dorifter

Original Poster:

103 posts

242 months

Saturday 5th June 2004
quotequote all
his claiming whiplash,bruised shoulder and graized finger(his ghey).he has also instructed two different solicitors ?good job i'm full comp with legal cover,
but i've now enquiries from plod for failing to report a accident yet it was a mutual agreement that all parties were ok plus it was outside my home address,he obviously thoght about it a long time after.WTF BY THE WAY IT WAS MY GIRLFIEND WHO HAD THE ACCIDENT AND YES SHE PROBALY IS IN THE WRONG

dorifter

Original Poster:

103 posts

242 months

Saturday 5th June 2004
quotequote all
Balmoral Green said:
Mind you, have to say, if road was clear, supposed to leave a doors width arent we.
THIS ONE I LIKE

dorifter

Original Poster:

103 posts

242 months

Saturday 5th June 2004
quotequote all
nick heppinstall said:
You are totally in the wrong mate. You should always check. You could have killed the guy.
20 YRDS UPHILL.....I THINK NOT,UNLESS HIS GOT NITRO LAUNCH...

Apache

39,731 posts

285 months

Saturday 5th June 2004
quotequote all
When I was being taught I was told that when you drive past a parked car you are supposed to give it room to open the door to prevent this from occuring. Dunno if it's in the HC

dorifter

Original Poster:

103 posts

242 months

Saturday 5th June 2004
quotequote all
Balmoral Green said:
So if a car had hit your door just as you opened it, the difference would be? Surely you look to see if a car is coming before you open your door? A cyclist was coming instead, whats the difference?

Sorry, not sympathetic, I have got it on me this morning!
GOT YA......
IF IT WAS A CAR THEN HE WOULD BE LIABLE AS HE HAS HIT THE VEHICLE IN FRONT OF HIM,LIKE A REAR ENDER ??AFTER ALL HE DID COME FROM THE REAR

loaf

850 posts

262 months

Saturday 5th June 2004
quotequote all
dorifter said:
his claiming whiplash,bruised shoulder and graized finger(his ghey).he has also instructed two different solicitors ?good job i'm full comp with legal cover,
but i've now enquiries from plod for failing to report a accident yet it was a mutual agreement that all parties were ok plus it was outside my home address,he obviously thoght about it a long time after.WTF BY THE WAY IT WAS MY GIRLFIEND WHO HAD THE ACCIDENT AND YES SHE PROBALY IS IN THE WRONG


Are you Outlaw in disguise???

gone

6,649 posts

264 months

Saturday 5th June 2004
quotequote all
dorifter said:

Balmoral Green said:
So if a car had hit your door just as you opened it, the difference would be? Surely you look to see if a car is coming before you open your door? A cyclist was coming instead, whats the difference?

Sorry, not sympathetic, I have got it on me this morning!

GOT YA......
IF IT WAS A CAR THEN HE WOULD BE LIABLE AS HE HAS HIT THE VEHICLE IN FRONT OF HIM,LIKE A REAR ENDER ??AFTER ALL HE DID COME FROM THE REAR


This does not compare with a rear end shunt with regard to culpability!

Someone opening a car door into the path of another vehicle regardless of what that vehicle actually is/ will be at fault and liable to prosecution.

dorifter

Original Poster:

103 posts

242 months

Saturday 5th June 2004
quotequote all
loaf said:

dorifter said:
his claiming whiplash,bruised shoulder and graized finger(his ghey).he has also instructed two different solicitors ?good <A TITLE="Click for more information about job" STYLE="text-decoration: none; border-bottom: medium solid green;" href="http://search.targetwords.com/u.search?x=5977|1||||job|AA1VDw">job</A> i'm full comp with legal cover,
but i've now enquiries from plod for failing to report a accident yet it was a mutual agreement that all parties were ok plus it was outside my home address,he obviously thoght about it a long time after.WTF BY THE WAY IT WAS MY GIRLFIEND WHO HAD THE ACCIDENT AND YES SHE PROBALY IS IN THE WRONG



Are you Outlaw in disguise???
confused WTF "outlaw" is that some sort of ghey bandit.....explain

streaky

19,311 posts

250 months

Saturday 5th June 2004
quotequote all
dorifter said:


loaf said:
Are you Outlaw in disguise???


confused WTF "outlaw" is that some sort of ghey bandit.....explain

"Outlaw" (aka "Roadrage") was a frequent poster on here until recently ... is he inside I wonder, it's been very quiet?. He was dyslexic. It is possible that certain similarities between your spelling and that of "Outlaw" have led to the enquiry - Streaky

>> Edited by streaky on Saturday 5th June 14:14

Dibble

12,941 posts

241 months

Saturday 5th June 2004
quotequote all
Regulation 105 of the Road Vehicles (Construction and Use) Regulations 1986 creates an offence of opening a vehicle door so as to injure or endanger any person.

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.

MODE OF TRIAL AND PENALTY SUMMARY: Summary Trial: A fine not exceeding level three on the standard scale (level four if committed in respect of a goods vehicle or vehicle adapted to carry more than eight passengers).
A fine not exceeding level four on the standard scale if in respect of goods vehicle or vehicle adapted to carry more than eight passengers.

A fine not exceeding level three on the standard scale in any other case.

Fixed penalty ticket - thirty pounds.

Time limit for prosecutions:
6 months

gone

6,649 posts

264 months

Saturday 5th June 2004
quotequote all
dorifter said:

.......LIKE A REAR ENDER ??AFTER ALL HE DID COME FROM THE REAR



Argueably the best way to do so

I'll get me coat