whos fault?
Author
Discussion

froggie

Original Poster:

896 posts

273 months

Saturday 29th December 2007
quotequote all
a overtaking car collides with a parked cars door whilst the driver was inside closing it,then keeps going to return 10 mins later and say they think they had hit the car door as there n/s front wing is dammaged
the parked cars door is not marked in any way at all
who is in the wrong? the person entering the stationary car or the one overtaking .

Glassman

25,082 posts

246 months

Saturday 29th December 2007
quotequote all
o/taking car me thinks. Should only o/take if it is safe and legal to do so.

idea

But then, if matey boy opens door after Otaker starts his safe and legal overtaking manouevre...

scratchchin


Mg6b

6,649 posts

294 months

Saturday 29th December 2007
quotequote all
Offence to negligently open a car door!

froggie

Original Poster:

896 posts

273 months

Saturday 29th December 2007
quotequote all
The driver was allready inside the car closing the door from inside the car prior to driving off. not opening the door from outside or inside

Trueman sparks

88 posts

230 months

Saturday 29th December 2007
quotequote all
Agree froggie,

The driver of the stationary car is performing a manoeuver of sorts ie was getting into car and then closing door from within, This was started before the other car had approached and therefor has priority. I dont believe they have to jump aout of the way to avoid passing motorists, The cars must wait before its safe to pass.

I believe the approaching car should be held responsible for driving into a stationary car door if its already open when aproaching it. They are blatently not drivng with due care and attention.

streaky

19,311 posts

280 months

Saturday 29th December 2007
quotequote all
Happened to an aquaintance of mine a couple of years ago. The driver of the vehicle that hit his door claimed he opened it and it was therefore his fault. He said that he was inside his car and closing the door and it was the other driver's fault. The insurers settled 'knock-for-knock' ... so no surprises there! - Streaky

wrinx

680 posts

271 months

Saturday 29th December 2007
quotequote all
Door is being closed so the driver of the moving vehicle must have been to close to have hit it.

Driver's fault imho...but as there's no damage to the other car it won't go anywhere unless the owners of the moving vehilce claim.

wrinx

froggie

Original Poster:

896 posts

273 months

Sunday 30th December 2007
quotequote all
the owner of the stationary un dammaged 06 slk isnt bothred as car isnt even scratched but the moving 03 astr s driver with dented front ns arch(widest point )wants claim. but drove off not knowing about collision then returned after the 7 yr old passanger braught it to light ,stopped noticed dammage and returned 10 mins later,
good point if the astra driver says the door was being opend not closed would the ins cos argue and spend money on caughts or settle knock 4 knock, if they go knock 4 knock do they pay each other or for own dammage
if the latter thers no dammage to slk hence no claim so will they loose no claims bonus ?


SPEED MERCHANT

22 posts

227 months

Sunday 30th December 2007
quotequote all
Nobody at fault.

No damage, no accident.

Both drivers should just consider their actions in regards to their future behaviour on the roads!

esselte

14,626 posts

298 months

Sunday 30th December 2007
quotequote all
froggie said:
a overtaking car collides with a parked cars door whilst the driver was inside closing it,then keeps going to return 10 mins later and say they think they had hit the car door as there n/s front wing is dammaged
the parked cars door is not marked in any way at all
who is in the wrong? the person entering the stationary car or the one overtaking .
Find it hard to believe that a collision which damages a car's wing won't damage a door at all......

wrinx

680 posts

271 months

Sunday 30th December 2007
quotequote all
froggie said:
...as there n/s front wing is dammaged
SPEED MERCHANT said:
No damage, no accident.
You sure about that?

wrinx

froggie

Original Poster:

896 posts

273 months

Sunday 30th December 2007
quotequote all
yep thats what i thaught not even mark to the paint, dammage could of been done elsewhere or on the car parked in front even and blamed on parked cars door but driver+passanger of parked car even hurd some thing and got back out to check wing mirror
there is dammage to 1 car so surely there is a claim so boath ins cos must be informed (i think) so whos will pay for the dammaged car?

eccles

14,408 posts

253 months

Sunday 30th December 2007
quotequote all
are you sure the damage was caused at the time? the driver may be trying it on.

Trueman sparks

88 posts

230 months

Sunday 30th December 2007
quotequote all
Assuming there is no damage to one vehicle i doubt this could occur in the way its being suggested,

I would think if they didnt know they had done it at the time, and their is damage to only one car then it simply didnt happen.

And to top it off if it did occur how they say they are at fault anyway for driving into a parked car!!!!

There is just no way i would be entertaining any of this. I would contact my insurance company, tell them no accident took place, no damage has been caused to my car and as far as im concerened they could be anyone aproaching me off the street. Ask for their opinion.

Maybe im paranoid but I would always question things that dont make sense like this, could this be a scam? how much personal info does this astra person now have about your friend?

In general though, Slingy hooky time.



Edited by Trueman sparks on Sunday 30th December 21:53

streaky

19,311 posts

280 months

Sunday 30th December 2007
quotequote all
Trueman sparks said:
Also i would think the wing mirror is the widest point on the passing vehicle, why isnt this damaged?
If you look at the profile of most car doors when ajar, you will find that they will contact the body of a passing car, not its wing-mirror (at least in the manner described) - Streaky

Trueman sparks

88 posts

230 months

Sunday 30th December 2007
quotequote all
yes,

realised and was just editing myself, beat me to it!

wrinx

680 posts

271 months

Sunday 30th December 2007
quotequote all
Trueman sparks said:
There is just no way i would be entertaining any of this. I would contact my insurance company, tell them no accident took place, no damage has been caused to my car and as far as im concerened they could be anyone aproaching me off the street. Ask for their opinion.
Agreed, it sounds possible but unlikely, report the allegation to cover yourself and deny liability. Even if the incident did occur as described, the person driving would appear to be to blame.

wrinx

Toni896

2,188 posts

257 months

Monday 31st December 2007
quotequote all
10 mins between collision and going back to check, maybe original car moved !

I once nudged a car at 5mph, dented my wing, but there was still a mark on the other car.
If car was travelling at any speed I would expect some marks or more.

either way overtaking driver was to blame in my opinion. he was the one making the maneuverer.