accident with stationary vehicle

[ardmore]

I was driving on a single lane road when a 5 year old child opened the door of a car which I hit. The owner of the car was irate at his own children. I have received aletter saying that he is saying I am liable how can this be the case. noone was hurt at the scene of the incident.

[boxtops]

Put it to your insurance company with a full statement that the child opened the door. They are probably claiming for damage to the door rather than injury. Don't forget that the first line for any claim is that it was the other person's fault, but it's up to them to prove that you are liable, not for you to prove your note. Don't respond other than to say you've forwarded it to your insurance company - this is what you pay your premium for, let them fight it for you.

[boxtops]

^ sorry - not up to you to prove you're not.

[ardmore]

I should have said that the letter is from my insurance company saying that the other driver is saying that I am liable. They want a statement and sketch fromme about the incident.

[woofgang]

then send them a statement and a sketch. if you exchanged details with the other guy I am assuming that you told your insurance company? They can get tetchy if you don't

[ardmore]

Thanks I will do, it is all just abit worrying. Thankyou everyone for your advice it is much appreciated.

[ardmore]

And yes I reported the incident shortly after the time of the accident to my insurance company and the Police.

[boxtops]

All you can do is tell the truth, mention in your statement that the father was angry with the child (and what he said, if you can remember). Detail like that can make a difference. Don't worry at this stage, your insurance company is only following procedure by telling you that they've received a claim against your policy.

[~Wingnut~]

Hi ardmore

Unfortunatley unless corrected by anyone else I think you are meant to leave a doors width when going past parked cars. I know it's not always possible (narrow roads etc.) but I would think this is what you will be told so I would think this is why the letter is saying your liable.

[ardmore]

The problem is that it was actualy a lane I was on and there were pedestrians and cars parked on both sides so I had no where to go I could not have kept a doors width without being in the hedge on the other side of the road.

[Hymie]

Wingnut – I take it that you have never driven a car, or been an alert passenger in a car, while passing a row of parked cars (on the near-side).

[redcrx]

did the door get opened into the side of your car or did you drive into it? that may help if they opened into you

[ttfn]

ardmore see section 239 on parking
http://www.direct.gov...Highwaycode/DG_069860
there is a responsibilty for someone to check before they open a car door

[ttfn]

^if the 5 year yr old isn't deemed to be responsible then her attendant adult must be

[~Wingnut~]

I was mearly stating what I was told when taking driving lessons and that was to allow a car doors width when passing parked cars in the event of the door being opened! As ardmore has said there was no way of giving a wide berth so therefore I would say responsability was on the parked car.

BTW I always check the mirror that nothing is coming before opening the car door.

[dotty.]

why weren't there child locks on the other car's back doors? the father is an idiot. that could have seent he death of his child, what a moron, he should thank his lucky stars he has a child left to berate!

[ardmore]

Thankyou all so much, Thanks ttfn - I have read the part on the highway code and that seems very relevant in this case. I will know more on Monday when I phone my insurance Co. I will go and take photos of the road to prove my point about the road width. I really appreciate your support as I have never even had points on my licence so am struggling to deal with this.

[Charlie911]

Firstly ardmore, don't worry. You are NOT liable. Your insurance company just wants to know what has happenedwhich is why they want a sketch and details.
Nothing to worry about here at all. Explain IN FULL - don't leave out any details and tell the insurance company that "when the door was hit by yourself you had no way of knowing that was going to happen so therefore could do nothing to avoid it." Also include that the owner was mad at the child, which indicates he knows whose fault this is and trying to shift it to you.

But honestly babe, you have nothing to worry about so be :-)

[pauln90]

Road Vehicles (Construction and Use) Regulations 1986
Regulation 105,

"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.

The important phrase "...or cause or permit to be opened" is that
which includes the driver in the action of the passenger."

So I would say you are not at fault.