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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:

Twiglett · 30/09/2008 18:53

of course it isn't your fault

what does YOUR insurer say?

feeble · 30/09/2008 18:59

When I worked in insureance there was an old law that 'Pedestrians have right of way over the road whether intoxicated or otherwise'
I think you should appeal

feeble · 30/09/2008 19:01

not implying you were drunk by the way just lways found that part funny sorry

hifi · 30/09/2008 19:08

so no thought about you then? shocking.

OhWellNeverMind · 30/09/2008 19:11

looks as though the guy in this forum had the claim go the other way ...

I think that it will depend on who's insurers argue most fervently TBH. You should be able to get at least ad 50:50 judgement though I would have thought.

3littlefrogs · 30/09/2008 19:26

Did the insurers suggest what you should have done? Does that mean that both people getting into the front of a vehicle must get in from the pavement side, and one of them has to climb over the gearstick, handbreak etc?

3littlefrogs · 30/09/2008 19:28

Handbrake.

Mung · 30/09/2008 19:30

Absolutely ridiculous...I hope you manage to get it sorted, as from what other posters have said, there is evidence to suggest that it isn't your fault.

DaisySteiner · 30/09/2008 19:33

You can always contact the financial service ombudsman if you get nowhere with complaining, they ahve the authority to overrule them.

trixymalixy · 30/09/2008 21:15

I thought that drivers had to leave at least a door's width when passing cars in case someone did open their door.

i would definitely challenge this!

hockeypuck · 30/09/2008 21:29

meglet I did a complete double take with this thread as I thought I had written it.

This exact same thing happened to me 2 years ago putting my newborn DS into his carseat, soon after my CS. I thought I was ok soon afterwards but actually the pain got worse and they found I had deep bruising on my hip and I had an increase in the blood loss so I thought I had ruptured my scar.

My insurance company as great thoug, got me legal help and I settled out of court for damages - the old biddy that drove into me denied it, but her insurance accepted my story over hers, so I got emotional damages and physical ones.

Please pursue this, you are not in the wrong. If you want to email me my email address is
maple underscore leafs underscore fan at hotmail dot co dot uk

There is certainly a precedent that the other driver is to blame.

Hope you are ok - it can be an horrendous shock. I know that it hit me for days afterwards, I kept thinking that if it had been seconds earlier then it would have been DS who would have been hit.

Definitely challenge this - get some legal advice (it will be completely free under the no win no fee scheme).

Mainly though, I hope you are ok.

unknownrebelbang · 30/09/2008 21:34

I don't know the rights and wrongs of the insurance case, but please please please avoid putting your children into a car from the roadside.

I do understand how difficult it can be (I had three under four, and DS3 was a section) but DH cringes every time he sees it happen as he's dealt with a fair few incidents over the years.

clam · 30/09/2008 21:35

They're trying it on. Challenge it. If this is correct, then the logical conclusion would be that it is the driver's right to mow down anything he comes across in front of him. Crazy.

cktwo · 01/10/2008 09:37

unknownrebelbang - how can you avoid it???

amess · 01/10/2008 09:39

WHAT?! driving with due care and attention comes to mind. Hope you are ok. Totally agree with the posting about SATAN LTD and insurance companies.

unknownrebelbang · 01/10/2008 09:45

Use the door(s) parked closest to the pavement.

Yes, it can be a maul, but is usually doable.

Original poster

meglet · 01/10/2008 12:22

hockey thanks for that info. Sorry the same thing happened to you. I think my cs scar is ok though (touch wood). My mum is looking into the legal issues and it seems the law is a bit 'wooly' in this area so the other driver may not be able to claim against us. It will probably be a bit of a battle though.

OP posts:

itsnotatoy · 01/10/2008 12:28

A very similar thing happened to me about 4 years ago and they found against the other driver - only slight difference is that they had origianally stopped beside me to get into a parking space opposite side of the road, but then moved off taking my car door with the rather large boat trailer they were towing. Hope you are feeling ok

SoupDragon · 01/10/2008 12:39

Change the infant carseat to one which clips onto a base. Then you don't have to faff about strapping it in everytime.

cktwo · 01/10/2008 13:00

I've got a disabled DD1 and a hefty toddler. It's IMPOSSIBLE not to use the road side door.

Original poster

Meglet · 27/03/2009 14:27

update following this from last september!!!!

It seems the other driver was in the wrong, he was on the wrong side of the road for a start, and I will be getting compensation. And hopefully my mum will get her insurance excess back. All's well that ends well .

But I am really strict about not unloading the DC's on the road side now, even on quiet roads like mine. It bloody hurt getting hit by the door / car.

OP posts:

trixymalixy · 27/03/2009 14:31

Phew, I didn't think it coud have been right that you were to blame.

What if you had been just standing there not with the door open? Definitely not your fault.

IwishIwasmoreorganised · 27/03/2009 14:32

Glad they seem to have seen sense (at last!)

It's nigh on impossible though to get 2 kids into the car and buckled up using just the one door (well I find it is - maybe it's just me!).

Hope you recovered ok from the bump

ickletickle · 27/03/2009 17:28

wtf? is this your insurer or theirs?

Original poster

Meglet · 27/03/2009 20:24

it was my mums insurer that originally said it was my/our fault. But my mum looked into it and we managed to get the other guy done for it. She's taking it to court with him, I settled out of court as it was too much hassle to go through all that. I'm sure he was going waaaay too fast too.

OP posts:

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