Page 4 | Who’s fault would you say?

Wowwe · 2021-04-08T14:59:27+00:00

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

itsgettingwierd · 08/04/2021 17:02

@UhtredRagnarson

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.

OP said she looked when she stopped?

Coulddowithanap · 08/04/2021 17:03

@nitsandwormsdodger

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

The fact you were stationary goes in your favour

You are hardly going to open the door when driving along.

UhtredRagnarson · 08/04/2021 17:03

OP said she looked when she stopped?

She may have done. She didn’t look before opening her door though.

diddl · 08/04/2021 17:20

If he was overtaking you, how did you not see him?

It does sound as if you didn't look before opening the door?

ThereOnceWasANote · 08/04/2021 17:22

You fail your driving test if you drive too close to parked cars. It's the drivers responsibility to drive at a speed that allows them to stop safely. Totally his fault

muddyford · 08/04/2021 17:23

The Highway Code doesn't apply. The OP was on private land, not the public highway. He was going too fast and hit her door. He wasn't anticipating someone getting out - in a filling station. OP might have been careless but he was reckless.

ThereOnceWasANote · 08/04/2021 17:25

The highway code does apply if the public have access to and use the land.

ILoveAfternoonTea · 08/04/2021 17:25

I would say it's your fault as you opened the door as a car was driving past

Totallyworthit · 08/04/2021 17:29

@Wowwe

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.

In which case, had you looked before opening your door, you would have seen him and it wouldn’t have happened.

FireflyRainbow · 08/04/2021 17:33

Your fault op for not looking when you opened your door.

Fieldsofstars · 08/04/2021 17:34

Your fault. You should always check before you get out. What if there was a cyclist?

Exhausted4ever · 08/04/2021 17:37

I would think it's clear that it's your fault, you never open a car door without checking first surely

lolacola77 · 08/04/2021 17:39

It's your fault for not looking before opening the door. You could've hit someone walking past.

PembrokeshireDreaming · 08/04/2021 17:39

As annoying as it is, I think you are at least partly ar fault. You opened the door in his path but he was driving too fast. Insurance may decide on 50/50.

InsanelyPregnantAndSore · 08/04/2021 17:40

Fwiw I used to do this for a living. Sort out liability disputes for big insurance companies.

It’s probably going to go as your fault.
You could argue split but it’s a long and more expensive path for your insurer so they probably won’t. It would be mostly your fault anyway, imagine a 70/30 best outcome.

You opened your car door onto an on coming vehicle. It was your responsibility to make sure it was safe, not assume it was. It doesn’t matter that you were stationary, or that your engine was turned off as it’s not your car that’s accused of causing the collision it’s the door you opened. (This situation crops up ALL the time with cyclists getting doors opened onto them. Motorists always argue not their fault...but it always is.)

It’s one of those crap accidents where it so easily happens and honestly it doesn’t feel like you could have avoided it. It’s annoying and the other person should have used more common sense but over taking on a petrol for court isn’t illegal or against the Highway Code. It’s just not sensible.

A comparable situation is ‘one way’ car parks like supermarkets. Someone driving around it the wrong way gets reversed into ‘well I wasn’t expecting anyone coming that way there are arrows showing it’s one way’ yes but they’re not legally binding they’re just something Tesco painted to help control traffic. It’s up to you to check it’s safe to reverse (from both directions). Over a drink at the pub you’d say ‘oh yeah deffo wasn’t your fault’ but at work ... it was your fault, sorry.

UhtredRagnarson · 08/04/2021 17:41

The fact there was no damage to OPs car door despite being hit by this car suggests he wasn’t actually going that fast at all.

UrAWizHarry · 08/04/2021 17:41

Cars don't magically appear out of nowhere. OP clearly didn't look before opening the door.

Catdogmum · 08/04/2021 17:41

I may have misread but it sounds like an independent witness (the garage employee) thought he was at fault? Hopefully the CCTV will show this. On the road, you are advised to leave room for a car door opening, but not sure how this would work on private land.

AnImposter · 08/04/2021 17:44

Morally or not, it's legally his fault. That's absolutely why we do hazard perception part of a theory test. Drive slowly and defensively, imagine if a child had run out from behind your car. Yes it's shit for the driver but your always supposed to be prepared to stop.

Insurance will see it's his fault.

Theunamedcat · 08/04/2021 17:45

When I was learning to drive I was taught to always give enough room for a car door to open when I'm overtaking stationary vehicles because you never know when someone will get out of a car

I think he is at fault because your stopped at a petrol pump WTF did he think was going to happen

thebillyotea · 08/04/2021 17:50

YAB massively U, sorry

it's the "assuming" the problem. It could have been a bike, it could have been a bicycle, you don't open your door without checking something is not coming behind.

He's in the wrong too, but make it a lesson for you

Sleepdeprivedmama1 · 08/04/2021 17:52

Dispute it and share the CCTV footage with the insurance company. You pay insurance for them to sort it out, plus they shouldn't be contacting you directly they should always be liaising with your insurance and then your insurance contact you.

Original poster

Wowwe · 08/04/2021 17:57

Yeah thought it was strange that his insurance contacted me directly. And I’d already reported it to my insurance beforehand.
They said they will be obtaining cctv. So I suppose they will come to an agreement after watching that.

OP posts:

Bluntness100 · 08/04/2021 18:06

It does sound like your door was open but this is a split second thing as even driving at three miles an hour there’s a stopping distance, as he needs to react and stop so it’s down to the cctv to see if the door was open long enough for him to stop, or if it opened just before he hit it.

StrawBeretMoose · 08/04/2021 18:07

@InsanelyPregnantAndSore

Fwiw I used to do this for a living. Sort out liability disputes for big insurance companies.

It’s probably going to go as your fault.
You could argue split but it’s a long and more expensive path for your insurer so they probably won’t. It would be mostly your fault anyway, imagine a 70/30 best outcome.

You opened your car door onto an on coming vehicle. It was your responsibility to make sure it was safe, not assume it was. It doesn’t matter that you were stationary, or that your engine was turned off as it’s not your car that’s accused of causing the collision it’s the door you opened. (This situation crops up ALL the time with cyclists getting doors opened onto them. Motorists always argue not their fault...but it always is.)

It’s one of those crap accidents where it so easily happens and honestly it doesn’t feel like you could have avoided it. It’s annoying and the other person should have used more common sense but over taking on a petrol for court isn’t illegal or against the Highway Code. It’s just not sensible.

A comparable situation is ‘one way’ car parks like supermarkets. Someone driving around it the wrong way gets reversed into ‘well I wasn’t expecting anyone coming that way there are arrows showing it’s one way’ yes but they’re not legally binding they’re just something Tesco painted to help control traffic. It’s up to you to check it’s safe to reverse (from both directions). Over a drink at the pub you’d say ‘oh yeah deffo wasn’t your fault’ but at work ... it was your fault, sorry.

Thank you @InsanelyPregnantAndSore I was curious to hear a perspective from someone who works in insurance.

@Wowwe glad you are okay and weren't hurt but it is a shock.
My driving instructor's car was out of action after a taxi driver did similar to you and opened his door into her car, she was annoyed as some people suddenly had to do their driving test in an unfamiliar car (whatever dual control courtesy car she was given!)
I think he was found to be at fault. His car was hardly damaged.
See what happens but bear in mind it could have been a lot worse.