View Poll Results: Who's at fault? | |||
Nissan driver at fault | 73 | 68.22% | |
BMW driver at fault | 12 | 11.21% | |
50/50 liability | 22 | 20.56% | |
Voters: 107. You may not vote on this poll |
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01-15-2021, 09:37 AM | #67 | ||
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Rules aside, it boils down basic common sense; the operator of the vehicle has to observe the surroundings and insure that the coast is clear, before opening their car door unto moving traffic, even that of a parking lot. Had the BMW driver yield to the right of way, the accident would of never happen. I can cite even more case law results, that has already set precedent for this ultimate outcome of this scenario and fault determination but I won't bother, since I could tell it won't matter to you, as you seem to be set in your way of reasoning and we both have access to same Google search engine anyways. So let's just agree to disagree here and move on instead of spending all morning going around in circles and ending up at the same point. Good day and pro tip to all, always look twice before opening your car door unto traffic . Last edited by Poochie; 01-15-2021 at 09:46 AM.. |
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01-20-2021, 09:02 PM | #68 | |
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01-20-2021, 09:12 PM | #69 | |
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Your example is far fetched but take ur point that other factors matter. In this case, the nissan driving through empty spots in a public carpark would not be considered a violation of the highway code in most juridstictions. So there can be no fault apportioned to the nissan from a legal perspective. End of the day, if you park your car in a public area, whether its on the curb, in a carpark, on the motorway, you are responsible to check before opening a door. |
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01-20-2021, 11:41 PM | #70 | ||
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01-21-2021, 01:24 AM | #71 |
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OP, is this case still open?
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01-21-2021, 03:34 AM | #72 |
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01-21-2021, 04:44 AM | #73 |
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In the UK 'the law' doesn't generally decide who is at fault in an accident. The insurance companies will usually do a deal before the courts get involved. If the courts get involved it gets expensive for them and so it's normally settled.
This accident isn't clear cut by any stretch. The law does state you MUST check before opening your door but a driver is also responsible for due care and attention. BMW is at fault for opening the door but just as importantly so is the Nissan because he was travelling too quickly, too close to parked cars to stop if a door opened. It simply won't get to court, both drivers at fault to some extent so the insurance companies will close ranks to minimise their losses. |
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02-10-2021, 07:27 AM | #75 | |
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What did insurance say? |
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02-10-2021, 07:35 AM | #76 |
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+1. Those quoting relevant statutes are overlooking the key word traffic.
If this occurred where the Nissan was driving down the street the BMW is at fault. The Nissan was not driving down the street. It was driving through a parking lot as if it was a street. That makes the Nissan at fault. |
02-10-2021, 07:36 AM | #77 |
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If you think "fault" is the same as "illegal", you don't understand insurance. If you accidentally back into someone else's parked car in a parking lot or a driveway, you didn't to anything "illegal" (unless it's a hit and run), but you are certainly "at fault".
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02-10-2021, 07:44 AM | #78 |
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Since this all happened over a month ago, it would be really intresting to find out what the outcome is...
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02-10-2021, 08:40 AM | #79 | |
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02-10-2021, 09:44 AM | #80 |
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03-25-2021, 07:47 AM | #81 |
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Finally received a reply from my insurance company...
Unfortunately my insurer accepted full liability for the accident, their response attached in this post. Also worth mentioning this accident happened in the UK and perhaps a different outcome had it happened anywhere else. Thanks for all the responses and well done to the 10% that predicted the outcome correctly! |
03-25-2021, 07:23 PM | #83 |
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03-25-2021, 08:04 PM | #85 |
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Well I'm not celebrating being correct, but I'm not surprised. You opened the door and hit something. Insurance, as a business, will always expect you to do your part in avoiding accidents, despite what those around you may be doing. Hopefully the total outcome wasn't too bad for you OP. Glad we all got to contribute thoughts.
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03-26-2021, 07:32 AM | #86 |
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Do you normally check your mirrors and do a shoulder check when your car is stopped in a parking lot? I do when parallel parking on the street to watch for cars and especially bikes but in this case I don't think you would look back 100' to make sure nobody is tearing through the parking lot. I will revise my opinion and the Nissan is 90% at fault instead of 100%. However, he is 100% dick and should volunteer to pay for damages.
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03-26-2021, 09:38 AM | #87 |
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All that taught me it to actively look for people with an open door in a parking lot so I can plow into it and get some money out of a beater car. Jokes aside at least we found out what the insurance thinks
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03-30-2021, 10:12 PM | #88 | |
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If the claimant and other driver establishes that they had their door fully open and not in a pendulum motion, prior to you plowing into it, you will be found to be a 100% at fault, in such a scenario. However, if you're innocently driving by and someone opens their door into your right of way, leaving you no choice but to collide into it, then they are 100% at fault. This is why the OP's insurance company accepted liability for the accident, since both their stories matched and their was no damage to the other's party front end. The difference in liability is the circumstances and story or disputes. The fact that your door is damage is immaterial in determining fault. |
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