just before our local school there are double yellow lines which were placed there to stop cars from parking and dropping their kids of to school as it was causing a serious problem before ie opposite a junction , when cars parked there it narrowed the road which in most cases made it almost impossible for cars to pass safetly on both sides of the road at the same time also previous accidents and bumps at that spot.
the car opened its door as my son was actually passing it as the damage to his car is on the side of his car and not the front which would of been the case if the door had opened as he was approaching the other car. my son could not of driven any further away from the parked cars as i have said above because of the narrowing and cars coming in the other direction. the driver of the other car has said that they are aloud to park there just to drop her kids of for school despite the yellow lines being put there to stop that happening. who is at fault?
2007-01-21 23:03:12 · 7 answers · asked by Anonymous in Travel ➔ United Kingdom ➔ London
No but you need crash investigators to prove it
I have a friend who this happened to - they opened the door on the car - but they told the police that they had opened the door & then he had drove into it. The insurance company sent out investigators & proved that it had been opened whilst driving past. It is probably a common one that insurers are used to dealing with
2007-01-21 23:08:45 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It is an offence for anyone to open a car door in a dangerous manner, the fault is clearly the parked car driver's as he should check around before opening door
2007-01-21 23:16:55 · answer #2 · answered by Carl 3 · 0⤊ 0⤋
I believe that the driver of the parked car is at fault as they have an obligation to look for traffic before they open their door.
I know of a case where a door was opened onto a cyclist causing injury and the driver who opened the door was prosecuted for failing to look before opening the door.
The fact that they were illegally parked is a separate offence.
2007-01-21 23:15:38 · answer #3 · answered by Sue 4 · 0⤊ 0⤋
Driver of parked car is at fault.
It sounds like it was too much trouble for her to look in the mirror before opening the door as well as walking a few extra yards to the school.
Hope he takes her to the cleaners!!!!
2007-01-22 00:37:12 · answer #4 · answered by Sonny Walkman 4 · 0⤊ 0⤋
Sounds like it's NOT your son's fault. People are supposed to look to see if any cars are coming BEFORE they open their door. They should pay for the damage to your son's car.
2007-01-22 01:53:02 · answer #5 · answered by Kaori 5 · 0⤊ 0⤋
I think you'll find it will come under the 'Due care and attention' rules. It is down to the car driver to check that it is safe for him / her to open the drivers door before doing so. as a stopped vehicle, they have a duty to check for moving traffic (of all sorts)
2007-01-21 23:28:01 · answer #6 · answered by Shunter 4 · 0⤊ 0⤋
The other driver is at fault ,not your son,she should have looked in her mirror before opening her door.
Even if he had been approaching he may not have had time to stop abruptly to avoid it,he could have caused an accident himself if anyone was behind him.
2007-01-21 23:19:00 · answer #7 · answered by Pat R 6 · 0⤊ 0⤋