who's at fault

O

ozshea

Guest
hi everyone, apologies if ive posted this in the wrong section im new to the forum,
i was seated in the back of my car helping my daughter with homework while her mam was in the doctors, we were parked at the side of the road outside the doctors where its legal to park, no yellow lines etc, i was getting out to return to the drivers seat when the door was struck by a passing transit van, my door was damaged and so was the wing of the van and a small scrape on the passenger door, we exchanged insurance and contact details and he returned to dublin, this happened in waterford, i told him to try get it sorted for cash instead of losing my no claims bonus, its been nearly a week and i havent heard from him, im not worried about my own car so if i never hear from him again id be happy with that.

my query is if he decided to contact insurance company and make a claim, if i was to contest it, who in your opinion would the blame lie with.

many thanks for taking time out to read this...OZ
 
Re: whos at fault

I disagree. If the door was open already and the lorry didn't avoid a stationery vehicle, then he is at fault. If the OP opened the door on to the passing vehicle however, I think he would be at fault.


www.powerinsurances.ie
 
Re: whos at fault

I would have thought it was the van drivers fault if the door was already open. But it is probably a case that the door was opened around the same time the van was passing so its probably 50:50.
 
Re: whos at fault

in the rules of the road and when your doing your driving test does it not say u must pass at 10 MPH or leave a car door in width clearance when passin stationary vechicles.
as for me admitting liability when i said get it sorted for cash that could just as easily mean, he sort his and i sort mine.
 
Re: whos at fault

ozshea said:
as for me admitting liability when i said get it sorted for cash that could just as easily mean, he sort his and i sort mine.
Click to expand...

:confused:

ozshea said:
i told him to try get it sorted for cash instead of losing my no claims bonus
Click to expand...

Anyway I would think if the door was just opened as he came past you basically opened the door into traffic its your fault. Imagine if the lorry was a cyclist instead, people wouldnt even question that you were at fault...
 
Re: whos at fault

very tricky.. it may be possible to tell what happened from examining the damage..

The problem is that the insurance company decide whether to contest or not.. not the insured.. so they will likely agree to a 50-50 split at worst.. or they'd also likely agree to 100% your fault... it's very unlikely that they agree to contest that it was 100% his fault..

So if you contest you're on your own, and liable for all the court fees if you lose.


As far as driving at 16kph or leaving door widths when passing cars simply isn't possible... I routinely pass parked cars with a foot or so to spare.. if I left more space I'd be over the center line... and so if someone opens the door as I pass they will hit me.. but if they open it just before I pass I will hit the door but I'd consider that their fault, not mine... I hope my insurance company would agree...
 
Why not go with your first thoughts ? Be an adult accept responsibility for you actions and show your child the difference between right and wrong by example. You opened the door without looking, how do I know ? Because if you had looked you would have waited until it was safe to do so.
 
you are supposed to drive at a speed where you are capable of stoping in the event of a sudden hazard in a built up area, however, although I would point out the van driver as being wrong for not being able to stop his vehicle, I think he or his insurance company could argue that the acccident was caused by you. The insurance companies would prob agree it was a 50:50 so you would be held at fault due to the fact that opening a door into traffic is not a wise thing to do in my opinion.
 
Exact same thing happened to a relative except they were driving along road when postman opened van door in front of him.Garda was called "An Post" procedure seemingly.Guard wasn't overly interested.....no one hurt,sort it out between you..blah blah. An Post insurance paid out without any question accepting all liability.
 
I would also say it is the fault of the person in the stationary car. Did the OP not look before they opened the door onto oncoming traffic? How did they not see the van? I witnessed a cyclist being knocked off her bike this way and I stopped and left my name (in the cyclist's favour) It is not always possible to leave a door width when passing without being over the white line. A transit van would be even bulkier.
 
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