# Car accident - who's liable?



## rose7162 (30 Dec 2007)

hi,
i was parked outside a shop car was turned off. my passenger open the door and a car that was pulling into the space next to me hit into my door. we agreed that we wouldnt go thru the insurance companys but i did admit that i would pay as i thought it was my fault but i have since been told that since i was parked and he hit into my door its his fault.............
is this correct.....
could any one please advise me.....


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## rose7162 (30 Dec 2007)

I Did Contact The Garda About This And They Have Said Because I Was Parked Then He Hit My Car But He Could Argue That The Door Was Opened In His Path..............
They Told Me That It Was Up To Me What I Do......
Still Looking For Suggestions


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## RainyDay (30 Dec 2007)

Gardai are not experts in civil liability issues.


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## Stifster (30 Dec 2007)

did you not create the hazard by opening the door?

How could the other driver have avoided you?


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## Bobbins (31 Dec 2007)

I remember from my driving lessons, many moons ago, that: if I was passing a car that was parked on the side of a road and the door opened and I hit the door, that I would be in the wrong. Based on this, I would say the same would apply in your case and the other party is indeed in the wrong. What if a child from your car had 'gotten in his path', would you be wondering who was in the wrong? I would say you would be thinking he is! If you are driving, you are responsible for observing any oncoming obstructions etc etc....However you did make a verbal agreement to pay for damages, hence I would say that it doesn't matter now who is in the wrong....you have to pay if you said you would....


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## iggy (31 Dec 2007)

I think it`s a bit of a 50/50 problem. I think legally the driver that hit your door is at fault as they should always be able to stop in case of any hazard in their path...but common sense would maintain that your passenger should have looked before opening the door into the path of the oncoming car (it could have ben a child on a bicycle) so the argument could go either way.


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## SidTheDweeb (31 Dec 2007)

rose7162 said:


> hi,
> i was parked outside a shop car was turned off. my passenger open the door and a car that was pulling into the space next to me hit into my door. we agreed that we wouldnt go thru the insurance companys *but i did admit that i would pay *as i thought it was my fault but i have since been told that since i was parked and he hit into my door its his fault.............
> is this correct.....
> could any one please advise me.....



It's as simple as that. You made an agreement. Don't start feckin them about now for jaysus sake.


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## Slash (31 Dec 2007)

Stifster said:


> How could the other driver have avoided you?



He could have stopped! Presumably he was not going very fast.

Anyway, he hit your car, you did not hit his, so he is liable.

So, contact him, preferably in writing, stating that you are holding him liable for repairs to your vehicle. Get the vehicle repaired and pay for it. Send a copy of the bill to him and give him 7 days to pay you.

The fact that you said you would pay is irrelevant at this stage.

Good luck, hope it all works out for you.


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## nad (31 Dec 2007)

I am no expert on this, but imho i believe that you are in the wrong and should pay up,and as for the scenario of a child running or cycling out into his path, this is irrelevant as it's not always the driver's fault as pedestrians and cyclists young and old also need to adhere to the rules of the road and each case will have it's own merit's.


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## Stifster (31 Dec 2007)

Slash said:


> He could have stopped! Presumably he was not going very fast.
> 
> Anyway, he hit your car, you did not hit his, so he is liable.
> 
> ...



If you are travelling at 5mph and someone opens a door a foot in front of you, how are you supposed to stop?

This punter opened the door and created the hazard, he's not innocent and your solution is off the mark.


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## sam h (31 Dec 2007)

Can you clarify was the door open prior to him turning into the space or was it opened as he turned into the space ?   

I would reckon if the door was already open he would be at fault, but if you/your passenger opened it as he pulled in you would be at fault.


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## Bobbins (1 Jan 2008)

Stifster said:


> If you are travelling at 5mph and someone opens a door a foot in front of you, how are you supposed to stop?


 
By pressing the brake??


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## Guest120 (1 Jan 2008)

Bobbins said:


> *I remember from my driving lessons*, many moons ago, that: if I was passing a car that was parked on the side of a road and the door opened and I hit the door, that I would be in the wrong. *Based on this*, I would say the same would apply in your case and the other party is indeed in the wrong.


Your driving lessons don't give any sort of standing. Perhaps in years to come when it's regulated it would matter but as of now and in the past when any fool can _teach _lessons it's irrelevant.


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## Bobbins (1 Jan 2008)

Bluetonic said:


> Your driving lessons don't give any sort of standing. Perhaps in years to come when it's regulated it would matter but as of now and in the past when any fool can _teach _lessons it's irrelevant.


 
Really Bluetonic? Well we're all here to offer an opinion...no need to launch an attack.


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## rose7162 (1 Jan 2008)

my passenger had his feet out of the door and it was opem prior to the other car pulling into the space.......
i have contacted him again and he still says its not his fault and that i am now lying about what happened on the night. i think im going to go throught the insurances


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## Bobbins (1 Jan 2008)

rose7162 said:


> my passenger had his feet out of the door and it was opem prior to the other car pulling into the space.......
> i have contacted him again and he still says its not his fault and that i am now lying about what happened on the night. i think im going to go throught the insurances


 

This is why you should always call the guards to the scene of an accident imo....helps avoid all these disputes and conflicts down the line....


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## Guest120 (1 Jan 2008)

Bobbins said:


> This is why you should always call the guards to the scene of an accident imo....helps avoid all these disputes and conflicts down the line....


The Gardai won't get involved in deciding who is at fault in such trivial matters. Can't see how they would assist in this incident.


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## Bobbins (1 Jan 2008)

I don't believe the Guards are qualified to decide who is at fault, however they can obtain statements from both parties and provide an objective outlook on the matter. 

Rose, Perhaps the car park has CCTV that will help verify your side of events. I think the best thing to do is pass the matter over to your insurance company and let them deal with it. I wouldn't bother communicating with the other party directly any longer, it only causes things to escalate if no-one is prepared to admit liability. Best of luck with things.


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## sam h (1 Jan 2008)

Definately get onto the insurance company....he hit a stationary and should be at fault.  What if he had crushed your passengers legs??  Agree with Bobbins and see if there is any CCTV cameras.  You also have a witness, did they?


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## sam h (1 Jan 2008)

I would imagine only the Guards can insist on obtain them, but they should be nothing stopping the OP requesting them - no harm in asking.  I doubt the Guards would have any interest in getting involved in such a small matter, but the OP can go to the station and insist on giving a statement.


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## RainyDay (2 Jan 2008)

Petermack said:


> I seem to remember something about cctv cameras in car parks. I think the Guards are the only ones who can request to see the actual recordings. I dont think you can request the recordings from the cctv owners



From [broken link removed]

"Any person whose image has been recorded has a right to be given a copy of the information recorded. "


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## z104 (2 Jan 2008)

If he was driving slowely then he should have been able to anticipate the hazard. It sounds like he was drivng too fast.

P.S. You should never admit liabality, It often turns out that you may think you were in the wrong but in fact you were not in the wrong.


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## SidTheDweeb (2 Jan 2008)

Niallers said:


> If he was driving slowely then he should have been able to anticipate the hazard. It sounds like he was drivng too fast.
> 
> P.S. You should never admit liabality, It often turns out that you may think you were in the wrong but in fact you were not in the wrong.




But she says herself she admitted liability.
Perhaps one of the factors that led to the Gardai not being called was her admitting liability and suggesting to the other party that she would take responsibility.

To me this is an outrage, as are many of the responses here.


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## z104 (2 Jan 2008)

Just becuase you think you are wrong doesn't mean you are wrong.


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## Stifster (2 Jan 2008)

rose7162 said:


> my passenger had his feet out of the door and it was opem prior to the other car pulling into the space.......
> i have contacted him again and he still says its not his fault and that i am now lying about what happened on the night. i think im going to go throught the insurances



Now that isn't what you said in the first post. 

Did the passenger check for a car pulling in before the door was opened. 

Perhaps 50/50 might be the best you could get.

Great answer with the brake Bobbins, now why didn't i think of that....there are such things as unavoidable hazards you know.....


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## Bobbins (2 Jan 2008)

Stifster said:


> Great answer with the brake Bobbins, now why didn't i think of that....


 

Don't beat yourself up about it........


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## kellers4 (24 Nov 2008)

Has anyone any experience of this , this actually happened to me today , I was actually parked very safely and was up on the path with only 2 wheels on the road so it is very clear the other driver was driving too close to the kerb, and also drove up at quite some speed


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## deadwood (24 Nov 2008)

sam h said:


> What if he had crushed your passengers legs??


 Not stirring it, but a person being injured doesn't automatically attribute blame to the other driver. Same with the child jumping out of the car? Every road user has a duty of care - driver, passenger, pedestrian etc.

Tough one on the o.p. though. The guards called to the scene would only be in a position to ensure documents wre in order.


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## TreeTiger (24 Nov 2008)

kellers4 said:


> ... I was actually parked very safely and was up on the path with only 2 wheels on the road ...


From your post I can't quite understand if someone hit you or what happened, but as regards to your parking, the rules of the road (in Section 10) state:
Even if you do not see a particular 'no parking' sign or yellow line on the road, you *must not* stop or park:
... wholly or partly on a footpath, ..."

"If you park in a way that is likely to cause danger to other road users, for example, if it forces a pedestrian out onto the roadway, a Garda can decide that this is dangerous parking and prosecute you. If you are convicted of this offence, you will receive five penalty points."


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## kellers4 (25 Nov 2008)

I was parked parallel , there where no yellow lines and it was a major road

I was out of my car with an open door and another drive drove past me and almost ripped my door off

I am just thankful it wasnt my arm or my leg to be honest


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## chrisboy (25 Nov 2008)

Bobbins said:


> I don't believe the Guards are qualified to decide who is at fault, however they can obtain statements from both parties and provide an objective outlook on the matter.
> 
> Rose, Perhaps the car park has CCTV that will help verify your side of events. I think the best thing to do is pass the matter over to your insurance company and let them deal with it. I wouldn't bother communicating with the other party directly any longer, it only causes things to escalate if no-one is prepared to admit liability. Best of luck with things.



They wont provide any outlook. Unless there is a personal injury they dont want to know. If you ring them and say there is nobody hurt, they actually wont send anyone.


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## Rigoletto (25 Nov 2008)

SidTheDweeb said:


> But she says herself she admitted liability.
> Perhaps one of the factors that led to the Gardai not being called was her admitting liability and suggesting to the other party that she would take responsibility.
> 
> To me this is an outrage, as are many of the responses here.


 
exactly. she admitted liabillity. case closed. shes no trying to shameless wiggle out of it after some mature recollection.


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