Active discussions

Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Who’s fault would you say?

149 replies

Wowwe · 08/04/2021 15:59

I stopped at a garage to get petrol this morning. I was in a queue and 2 pumps become available. I pulled up at pump no1 and no one was behind me in queue so pump 2 was empty. I opened car door and a car overtaking me trying to get out of garage smashed into my door. The man driving wasnt getting petrol and I have no idea where he came from. I really wouldn’t have expected anyone to be coming from behind as the pump behind me was empty when I pulled up. And the space was really tight and wouldn’t have thought that another car could fit around mine.
His insurance just called me and said that he’s blaming me. But I was stationary with engine off and he was going at some speed as he came from nowhere. Hence why I didn’t see him.
I’m not sure who is at fault. Can you help?
Aibu: my fault
Ainbu: his fault

OP posts:
Original poster
Wowwe · 08/04/2021 16:15

The front of his car hit my door. Not the side

OP posts:
JemimaTiggywinkle · 08/04/2021 16:16

He drove into you, so it’s his fault.
Don’t accept liability, your insurance company will have to thrash it out, but it might end up being split liability.

AryaStarkWolf · 08/04/2021 16:16

@HavfrueDenizKisi

I thought, legally, if you're stationary, you're not at fault. But he is as his vehicle was moving.

Could be wrong but it's similar to be hot from the rear - it's always the driver who hits the car in front who is liable despite what the car in front was doing.

That's only if he crashed into her car with no door opening I think not if she opened her door into his path
SacramentoQueen · 08/04/2021 16:17

How long had your door been open for before he hit it? Is the damage to his car on the side (so you opened your door into his car) or the front (so he hit your open door)? If on the side would be 100% your fault, if the front it’s more complicated as if your door had been open when he started his manoeuvre he should have seen it and not driven into it, if he didn’t have time to stop because you opened the door as he was passing then your fault. Cases like that would sometimes be settled on a split bases but really depends on the circumstances/witnesses/cctv etc.

Wtfdoipick · 08/04/2021 16:17

@Wowwe

The front of his car hit my door. Not the side
I know a previous poster said that would make him at fault but it would depend on reaction times, it's not as cut and dried as stated
Aprilx · 08/04/2021 16:18

There is no absolute answer to this, it will come down to who argues best. You could say he was not driving with due care and attention, he could argue that you did not properly ensure the area around you was clear before you opened your door.

On the balance of probabilities, I would find it difficult to believe somebody was speeding through a petrol station and through what you describe as a narrow gap without paying attention, so I think it may be found to be more plausible that it was you that did not check properly before opening your door.

UhtredRagnarson · 08/04/2021 16:18

Your fault. You didn’t look before opening your door and I highly doubt he was going at speed through a narrow space in a petrol forecourt.

SnarkyBag · 08/04/2021 16:20

I would say if your door was open and he hit it front on then he is at fault as to me it would be the same as rear ending a car that suddenly stops. But who knows really!

All you can do is get the cctv and give your description of events.

Original poster
Wowwe · 08/04/2021 16:20

My car is not damaged at all. The front of his was really damaged. I opened my door a a second or 2 later he hit it.

OP posts:
HavfrueDenizKisi · 08/04/2021 16:21

@AryaStarkWolf yes you may be right! Had a quick read and it depends on if you opened your door onto the moving car or if your door was opened for a bit and the other driver didn't notice. But it comes down to witnesses I think!

luxxlisbon · 08/04/2021 16:22

If your door was only open for a second then really you opened your door into his car, he didn't drive obliviously into your open door.

Original poster
Wowwe · 08/04/2021 16:22

I should have looked around. Maybe the insurers will split it. Just so gutted to lose my no claims.

OP posts:
chocpott · 08/04/2021 16:24

Is your no claims protected?

PrelovedWithValue · 08/04/2021 16:25

As is often the case with these things, it's impossible to give an absolute.

My impression is that it's your fault for not looking. Had you been at a roadside and the same accident happened, would you consider yourself to be to blame? Because I don't think the location should change the blame - it's still your responsibility to check it's safe to open your door - even if it's unlikely that there is something coming alongside you.

Maybe consider using the 'dutch reach' in future - opening the door with the 'wrong' hand. It's much safer as you stand a much better chance of seeing what's coming.

chocpott · 08/04/2021 16:25

If it is, does that help or does it still depend whose at fault?

Original poster
Wowwe · 08/04/2021 16:25

No 😩

OP posts:
Soothes · 08/04/2021 16:25

I think this is going to be your fault, I'm afraid. It sounds like he's an idiot who, I expect has lots of knocks that are never his fault, but could be avoided if he didn't drive so aggressively, but you should have looked before opening the door.

ExhaustedFlamingo · 08/04/2021 16:25

It's a bit tricky to work out the exact timing from your posts - but if I'm right, you opened your car door and there wasn't enough time for him to brake and prevent hitting it?

If so, I'd say the fault is yours OP.

It doesn't really matter whether there are usually cars driving past or not. Before you open your door, it's up to you to check that there are no hazards. As others have said, what if a small child was running past? Or a cyclist cutting through? Just because those things aren't usually there doesn't mean that you have the right to just open your door without properly checking. Clearly, if you had checked, you'd have seen him.

I am sorry for you though. I've had some near misses in the past when I've made assumptions and not checked properly. It's so easily done but unfortunately you were just unlucky.

Original poster
Wowwe · 08/04/2021 16:28

I would 100% accept the blame if I’d opened my car door into a car on a road.
I think the location absolutely changes things. I think that he should have been aware of people getting out of their cars to get petrol.

OP posts:
Original poster
Wowwe · 08/04/2021 16:29

But I also do understand that I should have looked and not assumed because there was no one behind me using the pump

OP posts:
Hankunamatata · 08/04/2021 16:30

Hand it to your insurance with CCTV. Do not admit blame. Let insurance companies sort it.

AryaStarkWolf · 08/04/2021 16:30

@Wowwe

I should have looked around. Maybe the insurers will split it. Just so gutted to lose my no claims.
Don't say that to them though, let them decide
Hankunamatata · 08/04/2021 16:30

This is why I park a little way out from the pump.to stop asses trying to squeeze through

Somanysocks · 08/04/2021 16:31

How can your car not be damaged at all and his be damaged, that doesn't make sense?

Original poster
Wowwe · 08/04/2021 16:31

I may have got the timings a bit wrong that’s why I want the cctv to see exactly how it happened. I felt really shocked ... Just glad my car is not damaged and I haven’t got the inconvenience of putting in garage and paying excess.

OP posts: