[The0pportunist]

Happy new year guys - lets play a little game.

So the Mrs decided to take the BMW to Sainsburys today (I really should insure her on the civic for trips like this). Anyway she parks up, checks mirrors (apparently), opens the door and kaboooom!

The Nissan is cutting through empty bays instead of using the car park properly. But it's a private car park so not sure if normal driving rules apply ?

I'll update this thread with the official decision from my insurance company in due course but would like to hear your thoughts on who's liable?

Dashcam footage & picture attached.

[Alvin Mpower]

Love the grey and now its ruined by a retarded driver who doesn't know how parking lot works.

[Fliplegend]

Ouch that hurts to see. I say the Nissan with the bmw grill is at fault. Hope it all works out for you.

[tturedraider]

Just to be clear, the Nissan was not parking in that parking space, but driving through it just as he had done with the others in the video, right?

[erickonphoenix]

The Nissans at fault, you should hand the info to the insurance company and they can execute the details of filing on it.

[Billfitz]

Whether it happens in a lot or on the road the driver of the following car is at fault. In this case as the following car was also driving through unoccupied spaces rather than in the driving lanes they're doubly at fault.

[erickonphoenix]

PSA; It is probably a best practice to check your side view mirror before opening a car door, for bicyclist or carts if nothing else.

[gvannym]

100% the Nissan. sad to see nice cars like this ruined by careless drivers

[Gen13 F36]

Nissan fault.. you got a video...your good

[jared21927]

Iono man.... this one is tricky. If you open your door while parked and immediately hit something with it, i think that's on you to some extent. I also don't know how you prove the Nissan wasn't parking in that exact spot. Looks like he got out of view before we could tell, but based on that picture, if I was driving the Nissan, that's what I would say. Not to equate people to cars, but if someone was walking to their car and you open the door and hit them to where an injury was caused, you'd have some questions to answer. I could be completely 100% wrong, but it seems like both parties probably share some fault here.....

[BWbimmer]

I guess if the car would have been already on the next parking patch it would be easier. But like this he could claim he tried to park.

[chowser51]

Nissan's at fault. Show the video. He's not parking.

[whatevs]

Nissan's fault. Moron shouldn't be driving through empty bays. Sucks that your BMW was ruined but glad that you have a video to show the Insurance folks.

[tardboi]

Without video, 50/50. With video, 100% Nissan

[Elvisfan]

If you were parked on the street, this would be on your wife. Unless the Nissan was breaking the law, this will be on your wife. In my opinion. The bottom line is your wife opened the door in front of a moving car. The facts are pretty clear. How do you blame the Nissan driver when you opened the door in front of it? Unless you can say that the Nissan shouldn’t be there.

[whatevs]

BTW...thats one one UGLY Nissan!

[Pauloxxi]

Total Nissan fault. If he is driving through the parking empty space he should be extra careful. When i do this thing... I go by almost static, and would not go just beside another car.

[Elvisfan]

Originally Posted by Pauloxxi

Total Nissan fault. If he is driving through the parking empty space he should be extra careful. When i do this thing... I go by almost static, and would not go just beside another car.

They both were negligent.

[alex0607]

And he/she got NA5I for a license plate. SMH!

[Fliplegend]

Originally Posted by whatevs

BTW...thats one one UGLY Nissan!

It just needs a bigger grill! - BMW Designer

[TheFanatic]

Originally Posted by Billfitz

Whether it happens in a lot or on the road the driver of the following car is at fault. In this case as the following car was also driving through unoccupied spaces rather than in the driving lanes they're doubly at fault.

If you swing your door open into a roadway where a car had right of way the person who opened the door is a fault. Obviously it is case dependent, but I had this exact scenario with a work truck years back. Guy flung his door open right as I was about to pass, there was no way for me to stop or turn. Video showed what happened police ticketed him and his insurance had to pay for everything.

In this case though it is definitely the Nissans fault. That person was not using the proper lanes.

[joesid]

I think the Nissan is at fault, but not sure if their insurance company will see it that way. Good luck!