My door torn off - not my fault - must prove this!
Discussion
taxi driver tore off my door. He was sitting stationnary and behind me and i was half way out when he decidied to start moving. I knew he was there the whole time and he had plenty of notice of my presence before starting to move. I have two witnesses saying that he wa stationnary while i got out.
where do i stand?????
where do i stand?????
there's a joke about a BMW driver who gets his door torn off on the motorway. The emergency services turn up and the BMW driver is moaning about the damage to his lovely car when a paramedic says "you're so materialistic! Haven't you noticed you've lost your arm?" To which the BMW relpies "GREAT! There goes me bloody Rolex as well" 
Can't help you with the legal situation, sorry....
Can't help you with the legal situation, sorry....
I'd have though the taxi driver would be liable, as he failed to leave sufficient room to allow for a door opening. Unless of course you were illegally or dangerously parked, in which case I'd expect you to be held partially liable due to contributory negligence. Just my opinion mind.
In the US noone even thinks about looking for traffic before they step out of a car. You are expected to leave a large gap, and rightly so. Still, they have more space than us.
Nasty experience whatever; I can vividly recall this happening to my dad when I was a teenager. He stopped just after a roundabout, started to open his door only to have it ripped off by a following car at about 50mph. He was pretty lucky not to be injured at all.
In the US noone even thinks about looking for traffic before they step out of a car. You are expected to leave a large gap, and rightly so. Still, they have more space than us.
Nasty experience whatever; I can vividly recall this happening to my dad when I was a teenager. He stopped just after a roundabout, started to open his door only to have it ripped off by a following car at about 50mph. He was pretty lucky not to be injured at all.
It is an offence to open a door so as to cause injury/danger to another. However it swings both ways and I think each occasion is considered on it's merits, I think it's generally whatever is considered reasonable behaviour in the circumstances.
No real answers I'm afraid!
Gareth
>> Edited by g_attrill on Wednesday 22 December 22:42
No real answers I'm afraid!
Gareth
>> Edited by g_attrill on Wednesday 22 December 22:42
I will expect that you will both be at fault.
As stated above it is an offence to open a door negligently! That will have to be proved (that you were negligent) by the taxi drivers side.
Driving into anything carries a possibility of a careless driving charge, so the taxi driver is definately blameworthy whatever they prove against you.
As stated above it is an offence to open a door negligently! That will have to be proved (that you were negligent) by the taxi drivers side.
Driving into anything carries a possibility of a careless driving charge, so the taxi driver is definately blameworthy whatever they prove against you.
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