whose fault

[dcw@pr]

just had a call from my girlfiend, she was in a petrol station, and drove through the pump section to park at the shop. But on the way, someone who had just stopped at a pump opened their door into her path, which she hit. Now this other lady's door doesnt close. whose fault is that? i would guess it would go as a 50/50?

spelling edited

>> Edited by dcw@pr on Wednesday 8th March 17:58

[supermono]

I'd want to say it was the person who wrecklessly moved their door into her path without properly observing first.

SM

[robbie_toys]

If your GF was driving through sensibly don't see how it could in any way be her fault. Since when were you not required to look before opening a car door out into an area where pedestrians or other vehicles may be travelling!

[BliarOut]

The Highway Code said:

Parking 214: Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible. If you have to stop on the road side * stop as close as you can to the side * do not stop too close to a vehicle displaying a Blue Badge, remember, they may need more room to get in or out * you MUST switch off the engine, headlights and fog lights * you MUST apply the handbrake before leaving the vehicle * you MUST ensure you do not hit anyone when you open your door

MUST being the operative word there.

[dcw@pr]

thanks for that! highway code seems to be pretty definitive!

[Tyre Smoke]

dcw@pr said:

thanks for that! highway code seems to be pretty definitive!

Except it was not on a highway but private ground (i.e. it belonged to the petrol company)

50/50 I reckon, but your girlfriend could just tell this women to do one. Unlikely the other woman's insurance would pursue a private land accident.

[supermono]

It's a place normally used by the public so regular traffics laws apply.

SM

[purpleheadedcerb]

There is a specific offence called, "Opening a door to the danger" which I believe is an endorseable offence but I would imagine only when witnessed by a bib or wib.

And yes, definitely a place to which the public have access. I would contest it and go for 100% non fault.

[Parrot of Doom]

Garage will definitely have CCTV so you're in the clear.

[towman]

Not playing at repost police, but didn`t we have a similar question recently?

There may be some posts there which help

[dcw@pr]

ok - the woman who opened her door and was going to pay out on her insurance has now changed her mind and said it is my girlfriends fault. Aside from the highway code rule (which may be interpreted as opening your door into another parked car i guess?), can anyone point me in the direction of something else we can use to prove it was her responsibility?

thanks

ps. did a forum search, couldn't find any other relevant threads

[Julian64]

I'm afraid I think 50/50, or possibly worse for your girlfriend, cos the last one of those (was a car hitting a parked cars door when opening) I heard about the car on the main road was considered at fault for driving too close to parked cars and not giving a resonable amount of room.

So adapted to your girlfriend situation I would be the woman arguing in the car that it was unreasonable to drive so close to a car where cars could be expected to be regularly opening doors.

[dcw@pr]

Julian64 said:

I'm afraid I think 50/50, or possibly worse for your girlfriend, cos the last one of those (was a car hitting a parked cars door when opening) I heard about the car on the main road was considered at fault for driving too close to parked cars and not giving a resonable amount of room. So adapted to your girlfriend situation I would be the woman arguing in the car that it was unreasonable to drive so close to a car where cars could be expected to be regularly opening doors.

point taken - but it's difficult to drive further away from the car next to you (the one opeing its door) when you are hemmed in by a fuel pump on the other side?

[JUSTINP1]

dcw@pr said:

Julian64 said: I'm afraid I think 50/50, or possibly worse for your girlfriend, cos the last one of those (was a car hitting a parked cars door when opening) I heard about the car on the main road was considered at fault for driving too close to parked cars and not giving a resonable amount of room. So adapted to your girlfriend situation I would be the woman arguing in the car that it was unreasonable to drive so close to a car where cars could be expected to be regularly opening doors. point taken - but it's difficult to drive further away from the car next to you (the one opeing its door) when you are hemmed in by a fuel pump on the other side?

I agree. My opinion is 100% blame for the door opener both on terms of common sense, and that it is supported by the highway code. If the woman who opened her door had bothered to check if the way was clear for her to do so, the accident would have been avoided.

I would push for that. I think what has happened is that the woman had accepted the above point of view until she realised how much excess she would have to pay and the hike on her insurance, and *that* changed her mind. Stick to your guns, I say.

[7db]

Suggest pursuing with police to get a charge of opening door dangerously brought. Should make it a doddle to follow up with the civil case if you get the criminal case proven.

[dcw@pr]

7db said:

Suggest pursuing with police to get a charge of opening door dangerously brought. Should make it a doddle to follow up with the civil case if you get the criminal case proven.

where can I find that offence written down so that I can show it to this woman? Or is it taken from the highway code?

[7db]

All MUSTs in Highway Code refer to their Act.

[dcw@pr]

7db said:

All MUSTs in Highway Code refer to their Act.

ahh thanks, so its Section 42 of the RTA 1988. I tracked down the RTA 1988 to here,

www.opsi.gov.uk/acts/acts1988/Ukpga_19880052_en_1.htm

but don't know how to find an applicable reference. Point 42 doesn't seem to particularly relevant!

[dickymint]

BliarOut said:

The Highway Code said: Parking 214: Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible. If you have to stop on the road side * stop as close as you can to the side * do not stop too close to a vehicle displaying a Blue Badge, remember, they may need more room to get in or out * you MUST switch off the engine, headlights and fog lights * you MUST apply the handbrake before leaving the vehicle * you MUST ensure you do not hit anyone when you open your door MUST being the operative word there.

Don't quite get this as the poster said that the girlfriend hit the door!!

>> Edited by dickymint on Monday 13th March 18:17

[dcw@pr]

dickymint said:

BliarOut said: The Highway Code said: Parking 214: Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible. If you have to stop on the road side * stop as close as you can to the side * do not stop too close to a vehicle displaying a Blue Badge, remember, they may need more room to get in or out * you MUST switch off the engine, headlights and fog lights * you MUST apply the handbrake before leaving the vehicle * you MUST ensure you do not hit anyone when you open your door MUST being the operative word there. Don't quite get this as the poster said that the girlfriend hit the door!! >> Edited by dickymint on Monday 13th March 18:17

yes, so the point is, it is the responsibility of the person in the parked car to make sure they do not open their door into anyone, not the responsibility someone else to avoid that door. it even shows a picture of this on the highway code website,

www.highwaycode.gov.uk/22.htm