mercedes A class - opening vehicle door onto passing traffic

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Fri 6 Aug 2010 17:43
mercedes A class - opening vehicle door onto passing traffic - triumph

driving in traffic with a van parked immediately before a light controlled pedestrian crossing, when "driver" approached o/s van door. anticipating that said individual may do something stupid I operated my horn to warn him of my proximity. my attention was by this time on the traffic/road ahead when the noise of a collision to my car made me stop on the zig-zags before the crossing. On inspecting the n/s of my vehiclefront wheel arch, and the rear wheel arch. I presumed that this damage was caused by the van door being opened as I passed and this was confirmed by the damage to the rear bottom corner of o/s door on the van. Iasked the driver why he had opened his door and he replied, "I only opened it a little. there were not any witnesses and there was no other damage to either vehicle but my insurer states that if the third party submits a claim they will have to settle in their favour.

how can this be when the van driver opened his door onto passing traffic without ensuring it was safe to do so---surely this must constitue negligence on his part?

also, the door must have been fully open otherwise the bottom rear corner of the door would be masked by the "tumble-home" design of the door

your advice would be appreciated

gerry dixon

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Fri 6 Aug 2010 18:17
mercedes A class - opening vehicle door onto passing traffic - bathtub tom

Photo's!

I had another car open their door onto me. They claimed I'd driven into their open door. My insurance were prepared to roll over and settle knock for knock. The photo's I'd taken at the time showed the damage was only to the side of my car, not the front. Result!

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Fri 13 Aug 2010 13:08
mercedes A class - opening vehicle door onto passing traffic - LucyBC
As Bathtup Tom says it is all about the position and nature of the damage. If the door is already open and the damage is to the front of the moving vehicle then there is usually an argument over liability - the theory being the door was already open and you should have driven around it. Insurers will often settle these 50:50 because there is an argument over the timing of when the door was opened.

If the damage is to the side of the moving vehicle then usually the case is winnable by the moving vehicle as there is usually a good argument that the door was opened into the vehicle and the stationary car was responsible for the damage.

As always a witness and some photographs greatly help your case.
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