been crashed in to. not sure were i stand

[michael squeak]

ll keep it short so its not a long read...

i dropped my mum off at a dropping off point in town for a night out, and i was paerke on the right hand side of a 1 way street with the door open ready for her to get out, all my lights on etc..

then someone comes round the corner in a plastic renault megane and smashes his car to pieces in to my door :mad:

we have each others details and he seem to think its myh fault but now thinking about it im not sure it was.

any help appreciated

mike

[Lambo]

I may be wrong but I would think the insurance would say he is at fault for driving too close to you to be able to of caught your door.

[turbojolt]

You weren't moving and he.drove into your property how could.you be in the wrong

[Nova-nation]

The bloke who hit you hit a stationary car. Therefore it is his fault!

[Royston]

Can be tricky...


But if the door had been open for some time, and he had enough time to see or not see it, you should be OK and you have a witness, your mum, you should be OK. (does the door have any reflectors or red warning lights?)

The one way street makes it irrelevant that you were parked on the right, you can park either side, as long as there aren't restrictions.

If it is a narrow street the other driver should have been driving appropriately to suit the conditions, he should be able to stop, he hit your car whilst you were stationary/parked.

But, if he claims the door was opened as he approached and couldn't avoid it, could get messy,

Note: if the door was fully open the damage when hit will be different to if the door was hit end on. i.e. if the door had just been opened in his path and was hit on the back edge if the catch my drift. .

Similar thing happened recently to my sons GF, I think it is still not sorted from August.

Note, The highway code clearly states iirc it is an offence to open a door infront of a moving vehicle or words to that effect(so be careful)

Might be worth getting a copy of the highway code and highlighting all the rules that you obeyed/he broke!!

Good luck

[Jedro]

The bloke who hit you hit a stationary car. Therefore it is his fault!


i agree with this unless your parked were you shouldn't be, then it could be your fault but seen as you said you weren't parked in the wrong place you got it safe

[MK999]

Unfortunately mum cant act as a witness as she was in the car/knows you, witnesses have to be 'independent' i.e passers by, other road users etc as they are unbiased.

[Royston]

Unfortunately mum cant act as a witness as she was in the car/knows you, witnesses have to be 'independent' i.e passers by, other road users etc as they are unbiased.

Independant witness would be better, I agree, but she still witnessed the accident, and can still co-oberate events (better than no witnesses at all), especially if the other driver was alone.

[MK999]

When I went through the claim details etc on mine they didn't even ask for anyone except independent witnesses. It may help if it goes as far as court where everything said is sworn on oath etc, but I'm not sure how that is taken either, as a case doesn't end when someone pleads innocent just because they're under oath lol

[Royston]

These may be of use to you;)

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070309
Rule 152

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070304
rulw 125, rule 126

Beware of this one, this is the one that could catch you, if they claim they had no chance to avoid
http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860
rule 239

I assume this also happened when it was dark, is the street well lit or not?

Hope it helps;)

[Jack]

Highway code is a bit of a wet lettuce for most stuff, even though its "based" on law lol

The one that you would fall foul of is CUR 86, p105

No person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person.
i.e. you are liable for prosecution for damaging his car by opening, or allowing your door to be opened, into traffic.

Granted he should have been more aware of his surroundings, but as the law stands its your fault unfortunately!

[Royston]

Highway code is a bit of a wet lettuce for most stuff, even though its "based" on law lol

The one that you would fall foul of is CUR 86, p105

i.e. you are liable for prosecution for damaging his car by opening, or allowing your door to be opened, into traffic.

Granted he should have been more aware of his surroundings, but as the law stands its your fault unfortunately!

That is where it gets messy.

Jack is correct, if the door opened at the last minute and the driver had no chance to avoid.....

If the door was already open, and had been for some time, and the driver had ample time to see it, if he'd come round a blind bend, too fast for the road condition, could go the other way, .

Record as much info as you can, road layout, time road conditions, weather.

Is the road wide or not, 2 lanes one way with parking both sides?

Was there much traffic about?

Would there be any CCTV footage to help?

[michael squeak]

hi guys..first all thanks for all the replys..maybe the mother should have looked twice before openin the door lol, so ive been to see the lad an i sugested we pay for damages etc as i no a sprayer who offered to repair it all at a good cost so we can avoid getting insurance involved etc.. hes said he was happy with that an then some good luck came, he said he was happy with a 2nd hand pannel so off the breakers i pop and find a plastin wing in black the same colour code as his for £20 a quick swap on tuesday and that will be it :)

think i should get him to sign something when i fit it tho to say no further action etc...

mike