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Car accident, who is at fault?

42 replies

ChristmasJumpers · 09/05/2023 07:03

Yesterday I was in a minor car accident which left me with a cracked bumper and the other driver with a damaged door which wouldn't fully close.

I was attempting to park my car at my local petrol station and there were two cars parked across the lines of spaces, effectively taking up 4 spaces between them, with a wide enough gap in the middle for another car. I stopped my car at the petrol pumps behind the spaces and commented to my mum that it was annoying because I was going to have to park across two spaces in order to fit between the other cars that already had. I then moved forward into the gap, which was larger than a normal car parking space due to how the other cars were spaced, there was plenty of room for my car.
As I got into the space, the driver to my left threw his door open straight into my bumper. I had to reverse in order for him to be able to move his door back. He is claiming that I drove into his open door, but he opened it straight into me too late for me to react. I'd have to have been psychic to avoid this happening, whereas he only had to check his mirrors to see me driving up behind him. I drove straight into the space, I didn't have to turn into it, so he would have seen me had he checked.
I know that I'm not actually in the wrong, but does anyone know how this will be viewed by the insurance companies? My concern is that I was going forward and the damage is to the front of my car which usually immediately means I'm at fault.

OP posts:
GretaGood · 09/05/2023 13:31

Surely he should check - could have been someone walking past.

shysquirrel · 09/05/2023 13:48

This is going to almost certainly be a fault claim against you as you drove into his door. Possibly 50/50 if you can get cctv. I assume for it to happen so quickly you were in his blind spot when he opened the door then drove into the door as you were too close to stop. You're almost certainly not going to get a claim solely against the other driver.

mycatsanutter · 09/05/2023 13:51

@VisionsOfSplendour they often assess damage from photos rather than go out and actually inspect .

Irritateandunreasonable · 09/05/2023 13:51

It does sound like a case of 50/50 tbh. If you’ve hit the inside of the door it will be 50/50.

If the damage is to the outside of the door he will be at fault.

namechangeagainagainagain1 · 09/05/2023 14:05

I'm not sure if anyone has already mentioned this as I've not read the hole thread but there is a new law about opening ace doors with your other hand so you can see if anyone is approaching you. Doesn't seem like he did this so it's his fault.

Car accident, who is at fault?
namechangeagainagainagain1 · 09/05/2023 14:06

*whole! Not hole!

namechangeagainagainagain1 · 09/05/2023 14:14

*car not ace! Blinking hell it's been a long day. Apologies in advance for any other spelling mistakes!

ChristmasJumpers · 09/05/2023 14:39

Irritateandunreasonable · 09/05/2023 13:51

It does sound like a case of 50/50 tbh. If you’ve hit the inside of the door it will be 50/50.

If the damage is to the outside of the door he will be at fault.

I didn't hit the inside or the outside of the door, I hit the thin edge as he was in the process of opening the door

OP posts:
shysquirrel · 09/05/2023 15:31

The front or back of the thin edge though? If you hit the thin edge square on, surely you must have been driving directly towards him?

ChristmasJumpers · 09/05/2023 16:27

@shysquirrel more towards the outside of the edge - if that makes any sense! I was driving parallel to him and his door has swung out into me. As I was not right next to him yet but still back a little bit, his door managed to open just enough for the corner of my car to hit the edge of his door

OP posts:
ChristmasJumpers · 23/05/2023 16:32

In case anyone has similar and comes across this post. The other party's insurance has accepted liability as it was his manoeuvre of opening the door that caused the accident

OP posts:
QuintanaRoo · 23/05/2023 16:41

ChristmasJumpers · 23/05/2023 16:32

In case anyone has similar and comes across this post. The other party's insurance has accepted liability as it was his manoeuvre of opening the door that caused the accident

Good news. Thanks for the update.

BettyBooper · 23/05/2023 19:01

Great update! Glad you got it sorted. Did you get the CCTV, out of interest?

LittleRebelGirl · 24/05/2023 17:14

I was reading this through wondering wtf loads of posters were on about. It quite clearly was not your fault as he should have checked before opening the door. 🤷‍♀️
Glad for the update to prove that I'm not going mad!

piedbeauty · 24/05/2023 17:42

Great update! I'm so glad.

ChristmasJumpers · 25/05/2023 11:06

BettyBooper · 23/05/2023 19:01

Great update! Glad you got it sorted. Did you get the CCTV, out of interest?

The garage were very obstructive and would not let me have access to it nor would they tell me how long it's kept for. I don't know if my insurance got hold of it, but all's well that ends well 😊

OP posts:
Oldandcobwebby · 25/05/2023 11:15

Fantastic news! I'm so chuffed for you.

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