Who is in the wrong?

[cooldad]

Last week I was parked on a main road and I was returning to my car, I looked behind me to see if it was clear and opened the car door and was just about to get in when suddenly this car slammed into my door.

 

The driver of the car blamed me for opening my car door without looking.

 

How can that be right because if I had not been looking, I would have been splattered as I was unlocking the car to get into my car?

[Crapstone]

Either one or both of you were invisible then. Only you know the answer to why you weren't splattered as we don't have the exact details, photographs or have a map to go by. They could have just caught the edge of it with their mirror, as it doesn't seem likely they could have 'slammed' into it full on without injury unless you were within the car. It doesn't add up.

[kwaks]

Your car door will stick into the road further than you when it is opened, however as said above not really enough info to go on here. I take it the car that hit you was a camoflauge prius?

[cooldad]

Hi Crapstone/Kwaks

 

The car was a Volvo 4x4 and it was the wheel arch that caught my door. I appreciate that the car door will stick into the road further than me when it is opened, but I was just trying to emphasise the point that she must have seen me standing by the door to unlock it and therefore would have had plenty of time to slow down and allow me to get into my car.

[kwaks]

Ah ok, I understand, you failed to see a volvo 4x4 (no mean feat) yet expect her to not only see you( I presume you are smaller than a volvo 4x4) but to know that you are gonna open your door rather than stand against the car until she passes like anyone else would.

 

I can only conclude you own a BMW

[cooldad]

Actually you are wrong on two counts. I did see the Volvo but I thought that if she saw me unlocking my car, she would have had the sense to slow down.

 

I own a Ford Escort because I can't afford a BMW but even if I could afford one, I'd much rather buy a Maserati for the same price.

[Rooster-UK]

Speaking personally, If I am going to get into my car, I always make sure that there is a gap in the traffic, big enough, to allow me to open the door, get inside and close the door before the next car comes.

The onus is on the person opening the car door, not for other traffic to have to take evasive action because I can't wait for a gap.

 

IMHO.

[credit allergy]

unfortuantely there is a specfic offence of opening a car door dangerously.

[Crapstone]

Actually you are wrong on two counts. I did see the Volvo but I thought that if she saw me unlocking my car, she would have had the sense to slow down.

 

I own a Ford Escort because I can't afford a BMW but even if I could afford one, I'd much rather buy a Maserati for the same price.

 

If you saw the car then why did you open the door and make an assumption they should slow down? You wouldn't do that when pulling out of a space into moving traffic. You have to wait for a space or some kind person to allow you out.

 

The person who was driving would assume you would wait and not open the door and create a hazard or endanger yourself. I think you've answered your own question but at least you and the other driver weren't hurt and it's an honest mistake that lots of us are guilty of when our minds aren't on the job in hand.

[kwaks]

In your initial post you said you looked to see if it was clear before opening your door. The fact that you then opened it led me to believe you thought it was clear. Now you say you saw the other vehicle, yet opened the car door anyway, expecting the volvo to slow/stop. Words fail me.

 

The referance to owning a BMW was a tongue in cheek referance because BMW drivers are percieved to think they own the road. Obviously this went over your head at about the same height as the understanding of personal safety.

 

Please hand your licence in at the next Police station. Do not pass go....

[MBNASlayer(1)]

Your fault pal. You know that to assume makes an ass of you and mee.

 

How rude about BMW driver kwaks. They are not all owned by jacka#s roadhogs.