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Original poster

Please help me with this question...

20 replies

horseshoe · 02/10/2005 13:45

OK.......we pulled up in a parking bay and my nephew opened a car door. A woman came along fairly fast and ripped it right off. However she screamed that she didn't have time to stop the car and nephew should have looked....

I only have TPFT cover and my car is written off.

Who's fault would this be?

OP posts:

SenoraPostrophe · 02/10/2005 13:46

it depends how close she was when he opened the door I would think.

trefusis · 02/10/2005 13:48

This reply has been deleted

Message withdrawn

NomDePlume · 02/10/2005 13:51

I took my driving test in July 2004 and you DEFINITELY have to leave enough room for a car door to open when passing a stationary vehicle. You can fail your test on it.

Blackduck · 02/10/2005 13:53

NDP is right - you have to leave enough of a gap for a door to be opened...

WideWebWitch · 02/10/2005 13:55

Hers imo, you were stationary. But I'm no expert.

Blackduck · 02/10/2005 13:56

she'd certainly fail her Hazard perception test!

NomDePlume · 02/10/2005 13:58

lol @ blackduck . I would agree with it being her fault.

Janh · 02/10/2005 14:00

If your nephew didn't look before opening the door, and she was right there, then it is yours, I'm afraid - imagine if she'd been on a pushbike .

I have never allowed kids to get out of the car on the street side unless I am standing there to make sure it's ok to open the door - and you need to look both ways, to make sure there is room for both lots of traffic to pass, before you open the door.

Original poster

horseshoe · 02/10/2005 14:01

This is what i thought but I can't find anything on the net to prove this.....

OP posts:

Janh · 02/10/2005 14:02

There are many roads where nothing could move at all if traffic had to leave a car-door's width of space .

Original poster

horseshoe · 02/10/2005 14:03

My partner saw her coming at speed and shouted my nephew NOT to open car door....he thought he told him to open it and swung it open.....She had no chance to stop and took my door right off and wrote off hers as she has done all down the side of hers. My nephew is unhurt which is the main thing.

OP posts:

Janh · 02/10/2005 14:03

trefusis said "leave enough space where possible for a car door to open" - "where possible" is the key phrase.

hunkerpumpkin · 02/10/2005 14:05

If you take a door off as you're driving down the road, it's the fault of the person who's parked, definitely.

Not sure about a parking bay though.

Janh · 02/10/2005 14:06

I was assuming horseshoe meant a bay on the street (like with a parking meter) - in a car park nobody should be going fast enough to take a door off!

Original poster

horseshoe · 02/10/2005 14:08

Yes a residential street.....parking bay on edge of road!!!

a witness has just knocked to say that she turned her wheels into my car because we had to ask her to turn her steering wheel away from the car in order to stop any further damage to hers. Not sure what that would mean though just that she panicked and drove into my car last minute

OP posts:

Janh · 02/10/2005 14:08

Highway Code - para 214

Original poster

horseshoe · 02/10/2005 14:14

Ok what witness is saying is that she was overtaking too fast and tried to cut in too quickly. In addition the inside of the car was hit not the other...

MY DD car seat is on the other side and hard for kids to climb over Plus we needed to lift the seat up to let other passenger out as it was the only side. I think we have compiled with the highway code as we were parked leagally.

Nephew is 18

OP posts:

Original poster

horseshoe · 02/10/2005 14:15

We were parked in a bay...we have them in London as white lines marked out

OP posts:

NomDePlume · 02/10/2005 14:18

It sounds like your nephew opened the door at the last minute, making it difficult for the person who hit you to take any preventative measures. It appears a little less black & white now.

Janh · 02/10/2005 14:20

It is hard to judge someone else's speed though...are there skid marks? Did the police come?

The insurers might decide it was 50-50, but that doesn't help you, does it? It will be difficult to sort out. And your nephew still shouldn't have opened the door...good luck anyway!

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