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Original poster

Car hit my car door while I was putting baby into car and OMG it is my fault!!

53 replies

meglet · 30/09/2008 14:48

Has anyone else experienced this, i can't beleive it's how the law works.

Last friday evening I was putting 3 week old DD into my mums car and putting the seat belt round her car seat when another driver hit the car door which then smashed into me. The road was clear when I started and it is not on a corner (ie; good visibility), I had to use the road side of the car as DS was in his toddler car seat on the other side. Luckily DD was ok but I took the force of the impact, 3 weeks after a cs too . The other drivers wing mirror was damaged and my mums car has a dent in the door. We were in a quiet residential street, it was night time but the street was well lit and with plenty of room for the other car to pass.

According to the insurance company it is my fault for having the door open . So it seems that it is fine for the other driver to either A) not be looking where he is driving or B) Hit our car as he can't be bothered to slow down or stop. Apparently if I had closed the door and he had hit me directly it would be his fault.

Any advice??!! I'm glad DD and DS are fine but a bit hacked off the other driver is seen to be in the right.

OP posts:
NotDoingTheHousework · 30/09/2008 14:50

This reply has been deleted

Message withdrawn

amner · 30/09/2008 14:50

My advice is to park with the car seat next to the kerb.

Sorry this happened to you though.

shoedweller · 30/09/2008 14:53

That sounds unjust to me too. Are you OK?

cazboldy · 30/09/2008 14:53

You poor thing! Were you hurt?

I think that is absolutely terrible. Have you gotten any advice? or is it just what the insurance company have told you? If it is then I would get some advice, as ime what they tell you is crap! When i had an accident, they advised me that it would be knock for knocK, when in actual fact the other driver ended up being convicted of driving without due care and attention.

Did the driver say anything to you at the time? Were there any witnesses?

Original poster
meglet · 30/09/2008 14:53

It is rather crap isn't it. Now I have to try and juggle getting both of them into the car on the pavement side. We have such a quiet road out front that I was never too worried about it before. I would never have opened the door on a busy road.

OP posts:
Original poster
meglet · 30/09/2008 14:56

Luckily I wasn't badly hurt. CS scar and back have been aching, but as my head was looking down fiddling with the seat belt I didn't headbutt my mums car.

OP posts:
WhereTheWildThingsWere · 30/09/2008 14:56

That's terrible, is it worth appealing? as that sounds incredibly injust.

And it's not possible to have both sides of the car pavement side amner.

Bramshott · 30/09/2008 14:57

Please get more advice on this - this can't be right! Glad you are okay though.

Freckle · 30/09/2008 15:01

Whose insurance company said that? It would have been your fault if you had opened the door as the other car passed, but, if the door was already open, then it is clearly the fault of the other driver as they were negligent.

I would challenge the decision.

PortAndLemon · 30/09/2008 15:02

I don't see that it is your fault. Something similar happened to my mother once and I'm sure that was held to be the other driver's fault. I would get specialist advice, TBH.

Original poster
meglet · 30/09/2008 15:05

exactly freckle. The road was clear when I opened the door and I had put DD in as fast as I could. I have got better things to do than take my time buckling a baby into a car.

I think a trip to the CAB is on the cards.

OP posts:
Upwind · 30/09/2008 15:07

I am fairly certain that Freckle is right "It would have been your fault if you had opened the door as the other car passed, but, if the door was already open, then it is clearly the fault of the other driver as they were negligent."

Challenge this! The other driver has given their own version of events. If the insurance company insists you are wrong, take it to the media.

Original poster
meglet · 30/09/2008 15:07

have to log off now, back later. both my small people require attention .

OP posts:
3littlefrogs · 30/09/2008 15:07

I bet the other driver stated that you opened the door just as he was driving past and he couldn't stop.

A speeding driver his ds1's car when he was stationary, waiting to turn right. The only witness was an elderly man. The other driver's insurance company sent their rep. round to the man's house to make him change his statement, even though the man had admitted going too fast to stop.

What does your insurer say? do you have any witnesses?

Poor you - have you seen a doctor to check you are ok?

mabanana · 30/09/2008 15:08

You have to have a car door open to get into the bleeding car! HOw can it be OK for a car to hit someone who is trying to get into their car? This makes no sense.

meep · 30/09/2008 15:09

totally agree with Freckle - every cardriver has a duty of care to look and avoid pedestrians etc

the Highway Code is the starting point:

160
Once moving you should:
keep to the left, unless road signs or markings indicate otherwise. The exceptions are when you want to overtake, turn right or pass parked vehicles or pedestrians in the road

152
Residential streets. You should drive slowly and carefully on streets where there are likely to be pedestrians, cyclists and parked cars. In some areas a 20 mph (32 km/h) maximum speed limit may be in force. Look out for:
vehicles emerging from junctions or driveways
vehicles moving off
car doors opening
pedestrians
children running out from between parked cars
cyclists and motorcyclists

Hope you are okay?

3littlefrogs · 30/09/2008 15:10

Sorry - I meant the witness's house. They stood over him and made him change his statement. The whole system makes me .

LIZS · 30/09/2008 15:10

When learning to drive and on a test you are supposed to allow a door's width between you and any parked cars in case someone flings their door open, let alone avoid one already open. Challenge it

Kathyis6incheshigh · 30/09/2008 15:14

Suppose this was a theory test question:

You are driving past a line of parked cars. One of the car doors is open and there is a woman standing behind it strapping her baby into a car seat.

You should:

a. drive past slowly leaving a wide gap between her car and your vehicle

b. sound your horn aggressively and rev your engine

c. reverse your car and find another way to get to your destination

d. drive straight into her

Fizzylemonade · 30/09/2008 17:44

I bet the driver has lied. When you have 2 children one or both of whom cannot put their own seatbelt on then you have to stand in the road.

I would challenge it. I am so glad that you are ok and not seriously hurt.

Original poster
meglet · 30/09/2008 18:26

kathy LOL at option D. It seems the other driver picked that option.

OP posts:
lizziemun · 30/09/2008 18:39

Meglet

It was not your fault, it just the insurance company trying to get out of paying.

I had a similar reaction from my insurance company when i was carjacked. They tryed to tell me it was my fault for leaving my car keys in the car when i was rearended. I got out to look (as you do) and was thrown onto the curb. It was only when the police spoke to them and explained that i had done nothing wrong did they agree to pay the claim.

QueenBhannae · 30/09/2008 18:43

Crazy.

cktwo · 30/09/2008 18:49

This has happened to me and the insurance company was great. They have paid for the repairs and are chasing the other side for the costs.

Did you report it to the police and did you get the other driver's details?

MadameCastafiore · 30/09/2008 18:50

No it is their fault - they hit a stationary obstacle - if you had opened it as they were passing would have been your fault.