Car accident - advice...

[gameboy]

Was involved in a small car accident this evening.

Nobody hurt so that's great only damage to car.

Travelling along a two way road - oncoming traffic. Was in my proper lane (side street). Parked car door opens, i break and hit door smashing wing door mirror wiped out and door, bumper damaged.

Young kid in the car (drivers seat) - doesn't drive was getting his mobile! He maintains he checked and I appeared from nowhere.

Young girl's car - looks like her dad has bought it for her, wants to blame me.

Her car has damage to the door joint (the strongest part of the door) it hit the front bumper of my car and that's what did the damage.

I have fully comp but don't want to use it. have a witness (first oncoming car) but you can never rely on them getting involved if it goes to court.

Have taken pictures of the scene.

Anyone had a similar experience?

Advice?

 

[Oily]

They haven't got a leg to stand on,just get your insurance to deal with it.It's a lot easier than dealing with it yourself.

 

[ouagadougou]

I would agree they havent got a case to argue based on what you have written above. If you have their insurance details then report it to their insurance company for them. I did this recently when I was stationary and someone ran into me. I never heard from my insurance company at all and the other parties insurers dealt directly with me and fixed everything at their cost.

 

[cfphoenix]

I presume you have also reported this incident to the police - to be on the safe side.

People cannot just open the doors without looking and expect you to emergency brake !!!! (Kids as far as I know, should NOT be allowed to open car doors - If my kids open the car door, I am to be blamed, just my opinion)

 

[Topper]

Sorry to hear that GB
More than anything it is a nuisance and inconvenience.
Points that strike me immediately are as follows.
1. Young lad should not have been exiting the car via the drivers door, unless of course he had been driving the car illegally!
2. It is the parked car drivers responsibility to check his mirror and turn round to ensure the door is not being opened into the path of another car.
3. Any passenger who has entered the car to take something from the car should do so from the kerb side door.
4. No minor should have access to the parked vehicle. or was he robbing it?

Inform the police and your insurance company asap and don't take no for an answer. The claim should be made against the registered car owners insurer as ultimately the car and where he or she parked it is their responsibility and the collection of the mobile should have been supervised by that person.

 

[gameboy]

More than anything it is a nuisance and inconvenience.

That's what bothers me the hassle - I can do without that!

1. Young lad should not have been exiting the car via the drivers door, unless of course he had been driving the car illegally!

He says he was just getting the mobile. Then why was he sitting in the drivers seat? That did strike me as Odd. He could have leaned in through an open door to get it!

2. It is the parked car drivers responsibility to check his mirror and turn round to ensure the door is not being opened into the path of another car.

Said he checked, and nothing was coming - then I hit the door! I must have been there!

3. Any passenger who has entered the car to take something from the car should do so from the kerb side door.

Exactly

4. No minor should have access to the parked vehicle. or was he robbing it?

He was about 16, he went to get the girl that owned the car - still not convinced he hadn't been driving it - but no proof.

Inform the police

They don't want to know unless someone was injured.

and your insurance company asap and don't take no for an answer.

They don't open until Monday.

The claim should be made against the registered car owners insurer as ultimately the car and where he or she parked it is their responsibility and the collection of the mobile should have been supervised by that person.

Bet it's through her dad, Insurance for her would be a lot of money - and a lot more once this claim is settled.

Thanks for the help guys - I'll keep you posted.

 

[BGonaSTICK]

Isn't it true that if you're in the drivers seat, that you're legally responsible for a car?

Can't you get knicked for being over the limit etc. by just being sat in the drivers seat?

I would go through the insurance and not enter into any correspondance with them unless you draw a blank, but notify the insurance who was 'driving'. The girl has nothing to do with it even if she's the owner.

The ramifications of the kid being 'done' for no insurance, under-age driving, etc. etc. might ensure you get paid without actually claiming.

You can only report the facts as you experienced it. I'd go to the Old Bill with the details as well just to protect yourself. Don't fall for the sob-story.

Bad day for sat-people in cars today...

http://satdudez.org/forum/showthread.php?p=282787#post282787

Too much beer all round?

Sorry to hear your news GB. Just push the paper and don't get stressed by it.

 

[gameboy]

Thanks Stick

I have visited the police and reported the accident.

Today I will contact the other car's insurance company and find out what they have to say.

Thanks again.

 

[T_G]

One of the reasons I got a Citroen Berlingo is that it has sliding doors on both sides for the kids...no chance of that happens or slamming against the next car in a parking lot...

Looking at the facts it seems you got a watertight case there...

 

[Channel Hopper]

Just my tuppence worth

I might be worth checking the road again for parking regulations and any restrictions on stopping by the roadside.

I had an accident many years ago on a 400/4 where the same thing happened, door opened on parked car and bike engine hit the leading edge of door.
Driver claimed I was riding too close to the parked cars and attempted to claim against me for £2500 of repairs, but after returning to the spot a couple of days later, the timing of the parking rules confirmed he had been parked illegally.

I ended up with £200 for a new helmet and a scar where the visor had splintered into my forehead. It could have been a lot worse.

 

[gameboy]

I might be worth checking the road again for parking regulations and any restrictions on stopping by the roadside.

Thanks CH

The car was in a parking bay (metered area) I didn't check if it had a valid ticket, but it was a valid parking bay.

Their is a new building under construction on the opposite side of the road. The pavement is closed and a temporary pavement has been created with fencing on the inside carriage way. This narrows the road, it is still wide enough for two cars to pass.

Unfortunately this can make you drive closer to parked cars than normal and reduces to scope to swerve. I estimate that the door hit me by 3cm. If I could have swerved more it would have been 'What an idiot' moment, but to do so would have taken me into the path of a Mini in the oncoming lane.

My brain must have made that calculation and taken the best option.

At the end of the day nobody was hurt, just a lot of hassle I can do without.

 

[Channel Hopper]

Could there have been a suspension on the bay as a result of the building work ?

If not, then could the lack of suspension of parking in the narrow road have been partly responsible for the collision ?

Either way you are in the clear, its either the other driver at fault, or the construction site/local council.

 

[gameboy]

Could there have been a suspension on the bay as a result of the building work ?

No restrictions - it's a lot better than in the past where the road was down to one lane.

If not, then could the lack of suspension of parking in the narrow road have been partly responsible for the collision?

It was the person not paying attention if you ask me, they open the door without looking. It could have been a lot worse as normally reactions would make to swerve, don't want to think what would have happened then!

 

[PoloMint]

My main concern with them saying that you 'appeared from nowhere' would be that he (she) will use that to claim that to do so you would have had to be speeding.

Without a speed camera nearby I think the only thing they can use to check your speed is any skid marks on the road, and that is only a rough guide.

 

[mick32]

Top and bottom of it is,,they havent got a leg to stand on wether you were speeding or not,,not saying you were.They opened the door in front of a moving car,,end of..law is on your side..i see it too many times and i drive a truck for a living they see you coming then they decide they gonna get in...Had a few close shaves in my time..its common courtisy that dont happen too often these days.

 

[gameboy]

use that to claim that to do so you would have had to be speeding.

I think they will try anything to get out of liability.

The road is narrow and I had just stopped to let another car pass further up the road.

I was driving a 1.2 Clio not a Ferrari!

I was not speeding and I didn't see any tyre marks.

The car has been booked in for repair - just waiting to hear what the other side say.

 

[PoloMint]

Yea I wasn't trying to say that you were speeding. I was just thinking that if they are trying to think of something to get them off the hook, then that is probably one of the few things that they could come up with.

 

[Topper]

I was just thinking that if they are trying to think of something to get them off the hook, then that is probably one of the few things that they could come up with.

Surely either the lad was driving thus in charge of the car and therefore responsible. If he was not then how can he make a definitive statement about speed when he has no experience of speed because he does not drive. He cannot be a material witness to something he is unable to evaluate it is inadmissable in a court of law, otherwise you would have butchers bakers and candlestick makers being expert witnesses