# Taxi passenger opened door in front of an oncoming car.



## Babby (8 Nov 2014)

I would really appreciate advice. 

My friend was getting out of a taxi today and a car drove by.

The taxi door clipped the wing mirror and scratched it.

My friend could not get out on the pavement side as there was a lamppost there. 
She obviously did not know another car would drive by at speed.
The taxi and the other car driver have demanded my friend pay €1000.

A Garda came and said this too. 
Is this correct? 

Any advice appreciated


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## markpb (8 Nov 2014)

She opened the door in front of an oncoming car, it's entirely her fault. If she wanted to get out in the inside, she could have asked the driver to pull forward.


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## kceire (8 Nov 2014)

Babby said:


> I would really appreciate advice.
> 
> My friend was getting out of a taxi today and a car drove by.
> 
> ...



Surely your friend checked it was clear to open a door into traffic?
If you done this in your own car, you would be 100% liable so I don't see it any differently. 

Sorry for your friend, but my opinion puts your friend at fault too.


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## Monbretia (8 Nov 2014)

What sort of car?  €1,000 sounds a lot for a mirror, my whole car didn't cost that much!


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## Sandals (9 Nov 2014)

Monbretia said:


> What sort of car?  €1,000 sounds a lot for a mirror, my whole car didn't cost that much!



+1 van wing mirror just replaced for much same reason, caught a jeep on narrow road, mirror was hanging off, glass shattered, scrap yard €60 n fitted by himself....

if its only scratched, surely it can be repaired....get a few quotes.....


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## twofor1 (9 Nov 2014)

Babby said:


> My friend could not get out on the pavement side as there was a lamppost there.
> 
> She obviously did not know another car would drive by at speed.
> 
> ...


 
My opinion;

The passenger should have exercised caution opening the door, but;

Some blame has to be apportioned to the taxi driver for pulling up by a lamppost that prevented the kerbside door been opened.

Some blame has to be apportioned to the other car for driving at speed.

The other car driver is an opportunistic chancer demanding €1000 for a scratch on a wing mirror.

It would suit the taxi driver for the passenger and other driver to sort this issue between them, hence his support for the €1000 extortion demand.

It is not the Garda’s job to assess damage, and can’t see him/her telling your friend to pay €1000.

Given all the above, the taxi and another car were involved in an accident, I would be telling them to let their insurers sort it out between them, I’d bet your friend would then never hear another word about it.


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## sullydublin (9 Nov 2014)

I'm of the opinion that the taxi is to blame. The driver should of pulled in to a much safer location and should made sure from his mirrors that it was safe for the passenger to egress from the taxi. 

The passenger doesn't have a wing mirror to help them exiting unless they have sat in the front passengers sit. 

I wouldn't be paying anyone any money. Especially  €1000 for something that should max cost €200.

The taxi should have public liability insurance for carrying passengers. So I would tell both parties to sort it out amongst them selfs.


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## Jim2007 (9 Nov 2014)

Babby said:


> I would really appreciate advice.
> 
> My friend was getting out of a taxi today and a car drove by.
> 
> ...



First of all taxi drivers are not in the habit of pulling up in front of obstecals the prevent their passengers getting out on to the footpath... Did your friend your friend per chance simply decide not to slide over???

Secondly the Guards are more professional than to get involved in assessing damages and allocating blame on the roadside at an RTA...

Somehow I feel your friend is being selective in her narrative with you, so I suggest you just advise her to consult a solicitor and leave it at that.


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## emeralds (9 Nov 2014)

So the accident happened yesterday and the driver of the other car immediately asked for €1000 to fix it. And a garda agreed? That sounds very odd indeed....


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## RichInSpirit (9 Nov 2014)

You'd imagine a taxi person would have public liability insurance to cover all such incidents. 
Also the driver that hit off the door was coming from behind the taxi. Isn't the person hitting a vehicle from behind always in the wrong, no matter how right they think they are.
Also a taxi is a public transport vehicle that the driver is meant to be in charge of? Why wasn't he checking his mirrors for vehicles coming from behind? 
I'd say your friend should hang tough and maybe even get a solicitor's advice.


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## Brendan Burgess (9 Nov 2014)

RichInSpirit said:


> Also the driver that hit off the door was coming from behind the taxi. Isn't the person hitting a vehicle from behind always in the wrong, no matter how right they think they are.



That is not what happened 



> My friend was getting out of a taxi today and a car drove by.
> 
> The taxi door clipped the wing mirror and scratched it.



I imagine that the car driver could claim from both the taxi and the passenger.


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## monagt (9 Nov 2014)

> I imagine that the car driver could claim from both the taxi and the passenger



Let them claim and then get a solicitor involved. Insurance should be involved and may involve apportioning blame/responsibility.


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## potnoodler (9 Nov 2014)

I always thought the person who is driving the moving vehicle is at fault nearly
Every time.


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## pudds (9 Nov 2014)

potnoodler said:


> I always thought the person who is driving the moving vehicle is at fault nearly
> Every time.



Generally that is the case if someone rear ends you but if your driving pass parked cars and someone suddenly opens a door in your path then it is not your fault, assuming you were driving normally and not speeding.


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## AlbacoreA (9 Nov 2014)

Isn't the driver responsible for their passengers exiting. This came up before in relation to opening doors on cyclists.


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## Leo (10 Nov 2014)

The driver is responsible if the passenger is a minor. Adults are responsible for the consequences of their actions. It's the insurance claim culture has us rushing for someone else to blame every time we make a mistake. 

That said, €1000 may be pushing it, but your friend is responsible for both the mirror and the taxi door, and the taxi driver is also entitled to claim for loss of earnings. 

The Gardai will not intervene in such cases though, it's a civil matter. The taxi driver and driver of the other car will need to take your friend to court if they don't come to an agreement between them. Either way, your friend might be wise to seek legal advice, and be very wary of anything they say or put in writing in the meantime.


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## michaelm (10 Nov 2014)

Leo said:


> your friend might be wise to seek legal advice, and be very wary of anything they say or put in writing in the meantime.


This is what I would do . . and I wouldn't have any further direct contact with the other two parties.


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## flowerman (11 Nov 2014)

Babby said:


> I would really appreciate advice.
> 
> My friend was getting out of a taxi today and a car drove by.
> 
> ...


 

Her actions caused damage to both cars and put a taxi man out of business for that time too.

So why is your friend and and both saying and posting the "speed" part??
Is this to try and put blame on everybody else.
Did she have a radar speed gun pointed at the car to clock its speed??
Does she think that the public road was only built for the taxi in question and not for anyone else to be driving on?


"Theres the truth and then theres the truth"

https://www.youtube.com/watch?v=gGdeREgnllg


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## flowerman (11 Nov 2014)

twofor1 said:


> My opinion;
> *Some blame has to be apportioned to the other car for driving at speed*.


 
What speed is that exactly then??
Unless the passenger had a radar gun pointed at the car in question then she has absolutely no case to say that the other car was driving at speed.A legal team and a judge would not tolerate this sort of defence or excuse as its not even factual.

Its yet again a case of others looking to or trying to aportion blame to someone else for this ladies own actions and her own mistake.






twofor1 said:


> *The other car driver is an opportunistic chancer demanding €1000 for a scratch on a wing mirror*.


 
If you actually stop and re-read the thread very carefully again before posting your abusive and unfounded comments,there is damage to both the taxi and the other car and theres also the taxi mans loss of earning,so you are well out of line for your unfounded abuse of the other driver.


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## AlbacoreA (11 Nov 2014)

Babby said:


> ...
> The taxi and the other car driver have demanded my friend pay €1000.
> A Garda came and said this too.
> Is this correct?



No idea and I would be surprised if the Garda would be an expert in car repairs. Get some quotes. €1000 seems a lot. But its impossible to know without the details of the damage. Get some photos of the damage and get some quotes.


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## twofor1 (11 Nov 2014)

flowerman said:


> If you actually stop and re-read the thread very carefully again before posting your abusive and unfounded comments,there is damage to both the taxi and the other car and theres also the taxi mans loss of earning,so you are well out of line for your unfounded abuse of the other driver.


 
*WOW, *is all I can say to that.


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## AlbacoreA (11 Nov 2014)

Hard to know if we are talking about a few scrapes or a badly damaged door, Which would put a taxi off a road.


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## kceire (13 Nov 2014)

AlbacoreA said:


> Hard to know if we are talking about a few scrapes or a badly damaged door, Which would put a taxi off a road.



Technically, it's illegal for a taxi driver to be operating with damaged bodywork. He must get it fixed ASAP.


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