need advice on car incident pleae

[ank]

I need advice on car incident, its a bit of a grey area as to who is at fault. I was stationery in a car park and opening the car door to get out when a car nipped in to park beside me right at that moment.The other driver pulled in very quickly, when i had started to open the door it was safe to do so. It ended up with my car door denting the very corner of the other car's door right at the hinge, my car door was also dented at the edge. Lucky in a way, if I had of opened my door a second earlier my car door would have been off. The other owner now expects me to pay in full for their car to be fixed, and whilst it's not into the thousands I'm not sure if I'm at fault whilst the other owner accepts no responsibility. There is damage to both cars, so is it fair I should be out costs of fixing both? Surely the driver has to have due care pulling into a car space too? It's all very unfortunate, but I'd rather not get the insurance involved if I can help it. I have offered to pay half the costs of her car as I will have to pay for mine which I think is more than fair but they want me to pay it in full. Any advice on this would be appreciated.

[crem]

I don't see any other way to go other than involving your insurance to avoid the full cost.

 

Even if the other car drove in "reasonably fast", for them to have got the full length of their car into the space to the point that their door was now level with your door opening, I think that would suggest you were not maintaining good observations whilst opening your door. My view from what you have said is that you are mainly to blame.

[sailor sam]

Hi and welcome to CAG.

 

This is a tricky one to answer without seeing it happen to be honest. In my opinion you are both patially responsible. When I pull into a space, I always look at the car in the adjacent one to see if there is anyone about to get out so this is what the other drive should have done. equally though, before getting out of my car, I always look around and behind to see if there is another car pulling in. I have door mirrors on my car to check this. If you had already opened your door before the other car entered the space (assuming he/she did as you would of seen the car in your door mirror), then I would consider them to be more at fault.

 

As I see it you (and the other driver) have one of 2 options; you either agree that you were both equally at fault and as such be responsible for the damage to your respective cars or you go through your insurers. I don't really see any other way of sorting it out realistically.

 

Please Note

 

 

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[Dragons Dennis]

I am with Crem 100% on this. I Have a feeling that Crem is also an ex driving instructor. His thinking is identical to mine on this and several other driving issues.

[T.C.]

There is a specific offence of negligent opening of a car door and although road traffic law does not always cross over into civil law, in this case the judgement would be that you are liable.

 

It is not for the other driver to prove his speed was appropriate for the conditions, it is sufficient that you opened the door into the path of the oncoming vehicle.

 

I have recently dealt with a couple of similar cases, and both drivers who opened their doors were held liable.

[Surfer01]

If it happened on a public road then the other driver would have been driving without due care as they should have anticipated that someone would be in the other car and shoudl have taken due care when driving intot he empty space. As this is on private property, i woudl think that it would be 50/50. Each pays for their own damage.

[crem]

I Have a feeling that Crem is also an ex driving instructor.

 

No "ex" about it DD, although with the weather we're having in the North East at the moment I do feel like an "ex" instructor as I haven't worked since a week gone Thursday!

[Dragons Dennis]

LOL. It is funny how you can spot another ADI just from their thought process.

[T.C.]

As this is on private property, i woudl think that it would be 50/50. Each pays for their own damage.

 

A car park is not deemed as private property unless stated, but in any case regardless it has no bearing on liability. Civil law works differently to road traffic law (as I am sure you don't need me to tell you) and so the same rules apply whether it is on private property as it would on a public road.

 

You cannot say that someone drove without due care unless you have substantive evidence, and under the road traffic act it has to be established that the standard of driving fell well below that expected from a reasonably competent driver.

 

However, negligent opening of a door is quite specific.