Who is at fault?

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elect70, Jun 19, 3:06am
nzfatie wrote:

I recall she actually swerved & hit side oftruck.Didnt run into his door .

ralphdog1, Jun 19, 11:41am
And be careful that the insurance companies do not try the "you were both at fault" routine, and extract an excess out of both of you, it does happen.

one-one-alpha, Jun 19, 9:26pm
It's her fault, there is a ticket for it, carelessly opening car door.

johnf_456, Jun 19, 9:37pm
Reckon

eagles9999, Jun 19, 10:36pm
Commas doesnt have an "r"

tigra, Jun 19, 10:42pm
So we need to carry an insurance assessor with us at all times.

the-lada-dude, Jun 19, 11:13pm
if the bit.h had told me, i should have swerved to miss her, i would have torn strips off her, then torn her car door right off and tossed it though her windscreenAND THEN, i would probably have been arrested !( wow man i'll have to get off this stuff )

mothergoose_nz, Jun 20, 10:46pm
it is misuse of a vehicle.or dangerous use of a motor vehicle.been like that for years.opening car door into oncoming traffic.

bwg11, Jun 21, 1:40am
In any case of dispute (with a non-injury accident) it pays to report to Police. I had a minor accident at an intersection, I was in the right but the other driver would not admit liabilty (said his insurance company told him never to) I would have been happy to exchange details and leave - my car (SUV) was a drive-away, his had to be towed. Because he maintained I was in the wong, I called the Police who promptly booked him for failing to give way. Moral of story - in cases of dispute when you are in the riight, call the Police

pauldw, Jun 21, 2:08am
Your insurance company would tell you the same thing. He gets a ticket, what did you really gain! Do the insurance companies really care what the Police do!

bwg11, Jun 21, 4:34am
True, I gained nothing. His bolshie attitude when obviously wrong got him booked. Once booked my insurance claim was so easy - no lengthy descriptions and diagrams need.

aragorn2003, Jun 21, 4:37am
100% her fault , always get a police report for any accident you have

holden95, Jun 21, 8:07pm
You only have half of the story.

A; Did she open the door carelessly
B: Did the door extend outside the area of her parking limit
C: Was the OP entirely within her lane

Without knowing these factors the insurance company will probably go the other party however it may end up in a proportional liability situation.

bashfulbro, Jun 21, 8:16pm
Although you hit a stationary vehicle,i think, the law would find her at faultjust recently, a cyclist was killed on Tamaki Drive, hitting a car door. The person who opened the door was charged.

holden95, Jun 21, 8:49pm
And the charge was dismissed in court because it couldn't be proven that he was careless in opening the car door.

nannahall1, Jun 24, 6:10am
heard back from insurance i am totally not at fault thanks for all the input now to get the car panels fixed

johnf_456, Jun 24, 6:21am
Great to hear!