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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:
User5747384 · 08/04/2021 16:32

I think both sorry, probably a little more your fault, if he was speeding he obviously shouldn't have been speeding but you should always check your mirror before opening a door.

Original poster
Wowwe · 08/04/2021 16:33

I honestly don’t know how my door is not damaged. He hit The bottom point of my door , the point smashed through a light on the front of his car and some plastics smashed off too. I was so shocked to see my car not damaged

OP posts:
PrelovedWithValue · 08/04/2021 16:34

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

So? Car drivers should be aware of potential hazards when driving down streets too, but you would accept responsibility if he'd been driving down the road.

His responsibility to be aware of potential hazards doesn't negate your responsibility for the same.

MintyMabel · 08/04/2021 16:34

I really wouldn’t have expected anyone to be coming from behind as the pump behind me

Not expecting something to happen is no defence. My instructor always told me to expect the unexpected. You didn’t check properly when you opened the door, I’d also question your skills of special awareness if you were so certain a car couldn’t get through a space when it clearly could.

MintyMabel · 08/04/2021 16:35

*spacial awareness.

TheMayQueen · 08/04/2021 16:35

@Wowwe

The front of his car hit my door. Not the side
I worked in claims for years.

If your door was already open and he drove into it damaging the front of his car, then you are not at fault as your door was already open.

If you had opened your door into the side of his car as he drove past then you would be at fault.

So he is liable. Take photos of your damage, get the cctv, and write a detailed statement.

The physical evidence - vehicle damage - is in your favour.

lunar1 · 08/04/2021 16:35

I don't think the location changes how observant you should be. A pedestrian could have been walking past, or someone on their bike filling up tyres. If it happened a second or two after opening the door there was time to see him if you had looked.

notlovinglockdownlife · 08/04/2021 16:36

If your car door is undamaged it suggests it was already open when other driver hit it, so 100% his fault.

stonebrambleboy · 08/04/2021 16:36

Just be thankful you hadn't stuck your leg out or you might have been looking at a traumatic injury. Glad you are okayFlowers

PulledPineapple · 08/04/2021 16:39

‘TheMayQueen

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

I worked in claims for years.

If your door was already open and he drove into it damaging the front of his car, then you are not at fault as your door was already open.

If you had opened your door into the side of his car as he drove past then you would be at fault.

So he is liable. Take photos of your damage, get the cctv, and write a detailed statement.

The physical evidence - vehicle damage - is in your favour.’

This.

Original poster
Wowwe · 08/04/2021 16:39

Yes so pleased that I hadn’t stepped out of the car yet. Thank you 😘

OP posts:
Tinydinosaur · 08/04/2021 16:43

It's really not as simple as being the fault of whoever was moving. Or which part of the vehicles hit. If you pull out of a junction when there's a car coming, that cars front hits your side and it is 100% your fault. If you put something in the path of a moving vehicle it is usually your fault.

nitsandwormsdodger · 08/04/2021 16:46

Take photos of garage and space
Don't admit to not looking

The fact you were stationary goes in your favour

TheMayQueen · 08/04/2021 16:49

@Tinydinosaur

It's really not as simple as being the fault of whoever was moving. Or which part of the vehicles hit. If you pull out of a junction when there's a car coming, that cars front hits your side and it is 100% your fault. If you put something in the path of a moving vehicle it is usually your fault.

In this instance there is case law supporting ops position.

OP, ask your insurers to use the Berrymans guide to find these cases.

As per my first message you are not liable for this. The damage areas completely support you.

UhtredRagnarson · 08/04/2021 16:50

@Wowwe

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.
The location changes nothing. You should absolutely be anticipating cars moving around a petrol station forecourt. It’s ridiculous that you think you had less responsibility than if you were on a road.
DynamoKev · 08/04/2021 16:51

@Wtfdoipick

It's your responsibility to check before opening a door, doesn't matter where you are you were the one moving your door into his path
^this how was he supposed to read your mind?
HavfrueDenizKisi · 08/04/2021 16:52

@Tinydinosaur

It's really not as simple as being the fault of whoever was moving. Or which part of the vehicles hit. If you pull out of a junction when there's a car coming, that cars front hits your side and it is 100% your fault. If you put something in the path of a moving vehicle it is usually your fault.
I'm not so sure here. A friend did exactly this and hit a car side on that came out of a side road. Friend was found liable as they should have seen car and stopped. I know! I was shocked at this as presumed the car who pulled out was at fault.
lifeinlimbo2020 · 08/04/2021 16:54

@Wowwe

I just feel really gutted to lose my no claims over this.
Urgh. Know how you feel. My DH had someone smash in the back/side of him the week before Christmas and then drive off.
anniegun · 08/04/2021 16:56

your fault if you opened the door as he was passing

itsgettingwierd · 08/04/2021 16:57

Just tell the insurance company when you stopped and checked no car was behind you so you opened door.

And provide cctv to the insurance. That'll provide good detail of the situation.

You cannot know how they'll decide but your insurance company and them will have the argument about who is at fault! Remember to provide your own insurance with the same details.

LavenderEast · 08/04/2021 16:58

Legally your fault. If you read the Highway code you MUST ensure that the path is clear before opening your car door that is why do many people get prosecuted for knocking cyclists, pedestrians and other cars with their door. Despite what anyone else says and whether he was buying petrol or not in law you are to blame and he will claim on your insurance they are very likely to pay out and not even argue it, as what you did is classed as driving without due care and attention

These are the road acts that deem you to be at fault
Cardooring is illegal under the RoadTrafficAct 1988 and the Road Vehicles (Construction and Use) Regulations 1986, which states that “No person shallopen, or cause or permit to beopened, anydoorof avehicleon a road so as to injure or endanger any person.

SoupDragon · 08/04/2021 16:59

If your door was already open and he drove into it damaging the front of his car, then you are not at fault as your door was already open.

If you had opened your door into the side of his car as he drove past then you would be at fault.

Wouldn't this depend on the timing? If the door was opened just as the car got there for example (ie was still being opened). What if someone opened their door in front of a cyclist?

I'm just curious, not doubting you!

UhtredRagnarson · 08/04/2021 17:00

Just tell the insurance company when you stopped and checked no car was behind you so you opened door.

And provide cctv to the insurance.

Careful with this! The CCTV may prove you didn’t look. (You didn’t) and could have consequences for future insurance if you are proven to have lied.

SoupDragon · 08/04/2021 17:01

Just tell the insurance company when you stopped and checked no car was behind you so you opened door.

She didn't.

And provide cctv to the insurance. That'll provide good detail of the situation.

Hopefully it won't be clear enough to show her not looking.

LavenderEast · 08/04/2021 17:01

@Wowwe

I can fully understand if I opened my car door onto a road but it was a petrol garage with Hardly enough width space for 2 cars . Plus a petrol garage is for stoping and getting petrol and getting out the car.
What a ridiculous statement. So how the bloody he'll does your car get into the petrol station if its only for stationary vehicle, nothing through flaming teleportation. You have to drive in to get fuel and then drive out. He may have intended to get fuel and realised he had no means to pay. I have forgotten my purse before so driven straight out without fuelling. You are gonna get such a shock when your insurance automatically deem you to be at fault as you have broken several road laws doing what you have done🙄