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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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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:

RosieGuacamosie · 08/04/2021 18:54

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.

Bollocks! If there is no damage to the OPs car then he can’t have been going that fast. When I open my car door I check my mirror as I have my hand on the handle and immediately open the door whilst still looking in the mirror, so for me to have a collision like that the other driver would have to be in my blind spot and therefore I’d hit the side of their car.

I sympathise OP because we all make mistakes, but sounds like you looked, we’re distracted for a few seconds and then opened onto his path.

SirGawain · 08/04/2021 19:08

So you opened your car door into his path. It’s your fault. It is of no consequence whether he should or should not be there. All that the videos will do is convince the insurers that it was you fault!

UhtredRagnarson · 08/04/2021 19:11

so she obviously looked and in between that and the impact this man roared up. It's a miracle that no one was killed

And yet no damage to OPs car. 🤔

mineofuselessinformation · 08/04/2021 19:12

Are you sure there's no damage?
Is the door still flush?
Check the 'shut lines' - the space all the way around the door. If that's not even, then there may be damage to your A pillar.

littlepattilou · 08/04/2021 19:13

It does feel like it was more HIS fault (to me) @Wowwe ... OBVIOUSLY people are going to be opening their fecking DOORS when they're at a petrol pump on a gas station forecourt, so you don't bloody overtake a car parked at a petrol pump without taking extreme care...

That's just my opinion though. I don't know for sure.

I'm so sorry this happened to you. I hope it's sorted cheaply, and you don't have your car insurance skyrocket suddenly!

PrelovedWithValue · 08/04/2021 19:14

@WarwickHunt

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

Op says twice that she should have looked.

serin · 08/04/2021 19:14

It's one if the first things they assess on your driving test, do you look in the mirrors and check that nothing is overtaking before moving off?.

StoneofDestiny · 08/04/2021 19:31

Will be interested to know the outcome.
Yes, look behind before opening door, but by the same token, it could have been a child that ran in front of his car and he should be able to do an emergency stop.

Rillington · 08/04/2021 19:32

Definitely your fault you opened your door without looking. What would make you think he was even slightly to blame?

IWantAllTheDogsInTheWorld · 08/04/2021 19:33

Something similar was reported in the local paper. They opened their car door as someone drove past and it caused a lot of damage to both cars. The police were called as it all got a bit shouty and the person who opened the car door were fined for not paying attention or something like that (sorry, I can't remember the exact term). Basically, it was their fault. I know you weren't on a public highway but I would imagine the same rules apply, even at a fuel station when you think know one is going to come past.

SoupDragon · 08/04/2021 19:34

The OP says he came from nowhere, so she obviously looked and in between that and the impact this man roared up.

Not at all. He came from nowhere because she didn't look. She says she didn't look.

Flowerlane · 08/04/2021 19:38

Talking from experience the driver who opened the door on to the other vehicle is at fault as you should always look before you get out of a car even on a petrol forecourt. Sorry op.

IWantAllTheDogsInTheWorld · 08/04/2021 19:40

I've just been trying to find the article in the local paper. I haven't found that yet but have found this below:

HarebrightCedarmoon · 08/04/2021 19:46

Surely the timing is everything and the location is critical. If she had looked, seen there was no car coming, then opened her door and some twat going too fast tried to then squeeze through a gap and knocked into her door then it's his fault. You are allowed to open your door and get out at a petrol station. It's lucky that the OP hadn't actually got out of the car.

WisnaeMe · 08/04/2021 19:50

Good luck with the Cctv OP.. 🌸

HarebrightCedarmoon · 08/04/2021 19:51

Some more advice here:

forums.moneysavingexpert.com/discussion/5160154/who-is-at-fault

If you hit the door of the other vehicle then it is your fault. If the door of the other vehicle was opened and hit your car then they are at fault

IWantAllTheDogsInTheWorld · 08/04/2021 19:54

This looks interesting for anyone who wants to prevent the same happening to them:

www.rospa.com/road-safety/advice/cyclists-and-motorcyclists/dutch-reach

amylou8 · 08/04/2021 19:59

If you opened your door into his car then you're at fault. If he drove his car into your door then he's a fault. Of course the grey area is how long after you opened the door did he crash into it, and did he (or should he have if going a sensible speed) have time to see it and stop. Hope the CCTV helps.

BrimFullOfAsher · 08/04/2021 20:11

Did you not take any pictures as well?

Section 239 of the Highway Code states that you should ensure that you do not hit anyone when you open your car door and that you should check carefully for cyclists or other road users/pedestrians before you do so. So if you open your car door without looking and a passing driver hits it, then it is likely to be you that will take the blame for the collision. However if you open your car door with no traffic around and another driver comes along and hits it, then you can argue that they were not driving with due care and attention because they didn’t see the door open in time to stop.

letthemwonderhowwegotthisfar · 08/04/2021 20:21

have a look at “Dutch reach”

It’s a way to open your car door. It’s been practised/taught in the Netherlands for years to ensure you check for cars/cyclists/pedestrians and don’t end up in the unfortunate situation you’re in.

Original poster

Wowwe · 08/04/2021 20:28

Thanks everyone you’ve been mostly very supportive ... I’ll keep you all updated on the outcome. 😘

OP posts:

stackemhigh · 09/04/2021 08:18

I think they are more at fault.

takemetomars · 09/04/2021 08:34

@Hankunamatata

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

This

It basically won't have anything to do with either of you. The insurance companies will decide and I expect it will go 50/50

muddyford · 09/04/2021 11:18

When I learned to drive I was taught to pass stationary vehicles leaving more than a door width clearance. If he wasn't doing this it's his fault. Cyclists are also supposed to leave enough room for a car door to open.

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