Door hit with passing car

[Too Late]

Hi all
On Mondays school run. I parked on the side of the road and opened my rear passengers car door where my son was sitting. A van was approaching so I pulled the door to, to avoid obstructing the path of the van.

All of a sudden I hear a huge bang. The passing van had clipped the inside seal of the door. The driver stopped but all she could complain about was the fact I shouldn't have been opening the door on the road and the sun was in their eyes. 2 huge chips now reside on the inside door seam.

She gave me her mobile number and shot off. I messaged to say we have a mark on the door and all she replied was that she wouldn't have hit me if the sun wasn't so low and next time to open the door on the path and not the road. She could have run me over!

Today a garage has said it's £200 to respray the whole door as they cannot repair the marks without spraying the door.

Now before I call tomorrow, where do I stand legally with this. I have a message her admitting she has done this. Ultimately I was the marks repaired and I don't want to pay the £200 to have it done.

If she admits fault, do I still pay insurance excess?

Thanks

Edited by Too Late on Tuesday 1st February 19:19

[Pica-Pica]

Confused about the ‘son’s car door’ bit. Do you actually mean the door where your son was sat?
To be honest, I would never let my son exit on the roadside, always kerbside.
This could anyway, probably 50/50 at best.

[CoolHands]

Although your story makes no sense, for 200 quid forget it. If you’ve already told your insurance company you’ve already now raised your future premiums.

[Too Late]

Cheers both
I haven't informed the insurance company.

[Robotron70]

Opening a door up into traffic is suicide, count yourself lucky it wasn’t you and/or your son squashed.

[Smurfsarepeopletoo]

Where is the damage to the other car, as that is usually what the insurance will use to determine who is at fault for it.

[Mark V GTD]

Not sure you would need an external door re-spray if it’s the ‘inside door seal’ that’s chipped. Just touch up with a matching touch up kit.

[bunchofkeys]

Just pay the £200.

But, how bloody stupid to open the door, on to the road, to let your kid out.
Absolutely hate parents that do this, it's so irresponsible.

[Cylon2007]

bunchofkeys said:

But, how bloody stupid to open the door, on to the road, to let your kid out.
Absolutely hate parents that do this, it's so irresponsible.

This - absolutely hate it and cannot understand why anyone 'unloads' their kid roadside. Just stupid and dangerous.

[gazza285]

Too Late said:

A van was approaching so I pulled the door to, to avoid obstructing the path of the van.

Pull a bit harder next time.

[poo at Paul's]

Too Late said:

Hi all
On Mondays school run. I parked on the side of the road and opened my rear passengers car door where my son was sitting. A van was approaching so I pulled the door to, to avoid obstructing the path of the van.

All of a sudden I hear a huge bang. The passing van had clipped the inside seal of the door. The driver stopped but all she could complain about was the fact I shouldn't have been opening the door on the road and the sun was in their eyes. 2 huge chips now reside on the inside door seam.

She gave me her mobile number and shot off. I messaged to say we have a mark on the door and all she replied was that she wouldn't have hit me if the sun wasn't so low and next time to open the door on the path and not the road. She could have run me over!

Today a garage has said it's £200 to respray the whole door as they cannot repair the marks without spraying the door.

Now before I call tomorrow, where do I stand legally with this. I have a message her admitting she has done this. Ultimately I was the marks repaired and I don't want to pay the £200 to have it done.

If she admits fault, do I still pay insurance excess?

Thanks

Edited by Too Late on Tuesday 1st February 19:19

When you say you pulled the door closed to allow room, where were you? How did it hit the door and not you, presuming you were in the door gap still?

Was the van coming from the front of your car or the back?
If it was from rear, you were lucky it didn’t rip the door off. But perhaps yiu did not pull it too as much as yiu thought….or yiu nudged it back out as you tried to get your son out?
Whatever, it was a very risky thing to do, for you and your son. I can’t help but think that 200 quid is a very cheap lesson, and also that if it had chipped the inside seam of the door, a simple touch up pen will suffice.

[edthefed]

It is an offence to open, or cause or permit to be opened, a car door so as to injure or endanger anyone (section 105, The Roads Vehicles (Constructions and Use) Regulations 1986 and section 42, Road Traffic Act 1988).

[paintman]

edthefed said:

It is an offence to open, or cause or permit to be opened, a car door so as to injure or endanger anyone (section 105, The Roads Vehicles (Constructions and Use) Regulations 1986 and section 42, Road Traffic Act 1988).

^^This.
The fault OP is yours.

[Zetec-S]

Only an hour into the thread and in true PH style we've established the OP was at fault and is a terrible parent.

Personally I can't see you getting anywhere (unless you start involving insurance or lawyers), as painful as it might be I'd suggest pay the £200 yourself or use some sort of touch up kit.

[Johnnytheboy]

Good to see the PH Hivemind piling on the OP as usual.

[gazza285]

Zetec-S said:

Only an hour into the thread and in true PH style we've established the OP was at fault and is a terrible parent.

Personally I can't see you getting anywhere (unless you start involving insurance or lawyers), as painful as it might be I'd suggest pay the £200 yourself or use some sort of touch up kit.

It's an open and not quite shut enough case.

[paintman]

No 'piling on the OP' going on.

And nothing to do with the latest crop of changes.

Been an offence since the 1980's!

[V8covin]

gazza285 said:

It's an open and not quite shut enough case.

[carl_w]

edthefed said:

It is an offence to open, or cause or permit to be opened, a car door so as to injure or endanger anyone (section 105, The Roads Vehicles (Constructions and Use) Regulations 1986 and section 42, Road Traffic Act 1988).

Who was injured or endangered?

The OP's kid was in the car.

The van driver was in the van.

[Zetec-S]

paintman said:

No 'piling on the OP' going on.

And nothing to do with the latest crop of changes.

Been an offence since the 1980's!

Unless you have more detail than that provided by the OP, you're not in a position to claim any offence has taken place.