Car accident - who's liable?

R

rose7162

Guest
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.....
 
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
 
did you not create the hazard by opening the door?

How could the other driver have avoided you?
 
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....:(
 
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.:confused:
 
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.....
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It's as simple as that. You made an agreement. Don't start feckin them about now for jaysus sake.
 
Stifster said:
How could the other driver have avoided you?
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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.
 
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.
 
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.

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