Assigning cause to an accident

[crackedfinger]

The other night a dozy **** opened her door into the pah of my car, catching the bumper on the corner with the edge of the door.

Got witnesses and the fact that the edge hit the car + what I saw to say that the door was opened when I was going past (at a whole 5mph).

Luckly I only need a new bumper and a scratch on the alloy to be sorted (the Calibra bumper is quite a sturdy one) , but her N reg Polo I reckon will be written odd as the door has been pressed in a bit and bent the wing.

She does not think that it was her fault.

insurance companies are 'exchanging' details, can anyone point me in the directioon of seeing what the standard rule of thumb is for a situation like this?

ta.

[planetdave]

I've never worked for insurance companys but opening a door without checking it is safe so to do is negligent.

At worst not keeping a doors width away is contributary negligence.

Considering your low speed (emphasise that point) you appear to have taken reasonable care. And vice versa.

[nonegreen]

Its standard its her fault in fact if you look its in the highway code somewhere. Judgements in court over accidents always apportion blame on a percentage basis. In the end if it goes to court it will be down to how convincing you are.

[Dwight VanDriver]

>>>>I've never worked for insurance companys but opening a door without checking it is safe so to do is negligent.<<<<<<

Tis also an offence Dave.

Reg 105 RV (Con and Use) Regs 1986

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

Dvd

[crackedfinger]

Thanks for the information, very handy to have when chasing this up with the insurance company.

[url] www.highwaycode.gov.uk/22.htm [/url] - thanks, found the info from the highway code now. good advice to look there.

[anniesdad]

There is a lead case involving a Police motorcyclist hit by an opening door.

The case is "Regina v ?????"

I'll try to find out what it is. Needless to say the person opening the door was at fault.

[havoc]

Push to get it settled in your favour before it goes to court...magistrates can act strangely at times, and even 80-20 or 90-10 in your favour will end-up counting as a "fault claim" on your record!

Shouldn't be a problem though...I've always thought that opening a door into the path of another car is bleedin' stupid, so I'd hope the insurance co's feel the same way.