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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:
Theunamedcat · 08/04/2021 18:09

@Fieldsofstars

Your fault. You should always check before you get out. What if there was a cyclist?
In a petrol station? Motorbike i can understand but cyclists?
Nicknacky · 08/04/2021 18:10

@Theunamedcat Why wouldn’t there be a cyclist? People shop at petrol stations for other things, not just fuel.

Theunamedcat · 08/04/2021 18:13

[quote Nicknacky]@Theunamedcat Why wouldn’t there be a cyclist? People shop at petrol stations for other things, not just fuel.[/quote]
I can only speak to what I have seen but in the petrol stations I have used there is a separate way for food only they even have separate parking areas so you wouldn't be on your bike near the petrol pumps

UhtredRagnarson · 08/04/2021 18:14

Petrol stations usually sell things too. Like bottles of water and protein bars. Things cyclists might like to buy.

Thisgirlcando · 08/04/2021 18:18

He crashed into a parked car so I would say he is at fault. I was always told in my driving lessons to leave a door width when overtaking parked cars - if he has done this then he wouldn’t have hit into you.

If you had checked and there was nothing behind you then surely you checked your mirrors before he passed and must have been going too fast!

PrelovedWithValue · 08/04/2021 18:19

In most of the petrol stations near me, you need to go past they pumps to get to the entrance, no matter how you arrive.

BeaLola · 08/04/2021 18:22

Just because there are separate sections / parking at petroleum stations where there's at a mini Tesco or similar doesn't mean people not using the pumps use them

There's a petrol place on my way home from work that has a tiny Tesco attached to it - there is separate parking spaces for people not using the pumps at all - signs as well - doesn't stop certain drivers still parking (often badly) at pumps who Are not using the Feb if all parking spaces are free as the pumps are nearer entrance to door - last week as I pulled in (very slowly) there were a couple of very small children on balance bikes riding across forecourt whilst the adult with them was inside buying bits and bobs Shock

Theunamedcat · 08/04/2021 18:26

Op get your insurance company to deal with it you might have to take the bump in your premium when you renew but shop around it shouldn't be too bad

Protect your no claims next time?

lockdownalli · 08/04/2021 18:28

@Coulddowithanap

I think you should have looked before opening your door.
This.

I suspect this will be the outcome of any claim.

He clearly did not appear from nowhere, and no matter how fast he was driving, if you had checked before opening the door, you would have seen him.

Tempusfudgeit · 08/04/2021 18:28

There was a recent court case where someone opened a car door into a road without checking her mirrors and a cyclist was injured riding into it. I think they were found 50/50 liable.

FredtheCatsMum · 08/04/2021 18:29

You clearly opened the door without looking. That's a bad habit, whatever the excuse.

Rule 239 of the Highway Code says “you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic.”

However, the Highway Code entry isn’t a law. But The Road Vehicles (Construction and Use) Regulations 1986 contains a law which says “No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person".

Learn to do the 'dutch reach' - that's when you open the door by turning your body towards it and opening it with your left hand (in a right hand drive vehicle). It forces you to turn around and look.

As a cyclist, I take this behaviour seriously. If you don't check before you open the door, you are very dangerous and should not be allowed to drive

Dayofpeace · 08/04/2021 18:29

I think there will be standard rules for this but no idea what they are. I would make your case as best you can, saying he was going too fast, too close to your car, he should have anticipated a driver exiting your car due to the environment, and there was no car at the pump behind you so where did he cone from so suddenly as he did not appear to be a customer, and see what your insurance says.

Glad you weren’t hurt though. Could have been far worse.

itsgettingwierd · 08/04/2021 18:30

@UhtredRagnarson

OP said she looked when she stopped?

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

That's true. Which is why cctv will show timings etc like I suggested!

It's not for OP to decide who is at fault. It's for the insurance companies.

I doubt op knows exact timings and remembers exactly what she did anymore than we can guess.

WitchesBritchesPumpkinPants · 08/04/2021 18:30

@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.
Or for going in to buy other things.

I'm sorry this happened to you, but it is your responsibility to check before opening your door. It is not uncommon for people to manoeuvre around cars in petrol stations.

OddsNSodsBitsNBobs · 08/04/2021 18:34

Your fault OP as you opened your cat door into his car, he didnt drive into you. Best you can hope for is 50/50

WitchesBritchesPumpkinPants · 08/04/2021 18:38

@Theunamedcat

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

Do you live In Utopia where there's always enough space to leave a car doors width??

Maybe he thought she was inside paying or maybe he just assumed someone getting out of a car would have the sense to check it was clear before opening their door.

Pesimistic · 08/04/2021 18:41

The trouble is you've admitted slightly that you didn't look, 'I didn't expect any car to be driving round mine' so your partially at fault for not checking and relying on the assumption that a car wouldn't drive round you. If your door was already open when the car hit it the its his fault if its the other way it your fault

WarwickHunt · 08/04/2021 18:42

he was going at some speed as he came from nowhere.

The OP says he came from nowhere, so she obviously looked and in between that and the impact this man roared up. It's a miracle that no one was killed. Far too fast for a petrol station. I would be involving the police.

Livpool · 08/04/2021 18:42

I used to work in car insurance and dealt with disputes. Did he hit your car door? Or did you hit your car into his car?

If the former then your insurance will likely hold him responsible as he went into an open door and should have been looking. Contact your insurance disputes department

notacooldad · 08/04/2021 18:43

I thought, legally, if you're stationary, you're not at fault. But he is as his vehicle was moving.
Sure the car was stationary but she opened a door into his path without having the sense to look what was coming.. That's a completely different thing than someone driving into you.
The insurance company will sort it out anyway.

Beautiful3 · 08/04/2021 18:43

I'm glad you're okay op, you could have been hit. I would say it was his fault, speeding along. Let them see the cctv, they'll be able to judge.

thebillyotea · 08/04/2021 18:43

You should always opened your door with your left hand in England, forcing you to turn around and check if something/ someone is coming.

All my local petrol garages have mini-supermarkets in them (mainly M&S). People buying petrol are the smallest group of shoppers in there!

Tinkling · 08/04/2021 18:45

I’d say yours because I always check my mirrors before opening my door but I don’t know if that’s a legal viewpoint. How is he supposed to know you’re going to open your door as he’s driving past? I think you’d need to prove he was going over the speed limit. Cctv?

Your insurance company may argue you’re both at fault.

HeyDemonsItsYaGirl · 08/04/2021 18:49

Your fault. There was nothing he could have done to prevent the accident; he can't possible have been going at any speed in the set up you describe. You caused it by opening the door without looking.

PADH · 08/04/2021 18:52

My sister was in a similar situation about 10 years ago and she was at fault as she should have checked before opening her door.