driving along city road slowing to about 45kph as the lights were turning red 2 cars in front of me lady parked on side of road in a park openend her car door and i hit it causing damage to both her car and mine got details went to insurance and filled in form her insurance rang meand wanted me to admit liability i refused i dont think i was at fault she should ahve looked before she got out of the car any ideas views please
hopie,
Jun 18, 12:50pm
It's a hard one, but id say her.
tandj3,
Jun 18, 12:50pm
I think it's her fault, you were driving along and she shouldn't have opened her door until it was clear. just my opinion. What do the police say!
nannahall1,
Jun 18, 12:56pm
she didnt want to go to police as it was a non injury accident but i have been told today that you can report a non injury accident up to 14 days after it happens so thnking maybe i should
beno,
Jun 18, 1:10pm
it's her fault. you can refer to the lady who was killed on her bicycle on the waterfront last year. the guy who opened the car door on her was declared to be at fault when it went to court. You will have to google the case.
pauldw,
Jun 18, 1:17pm
Unless she can trump this it's her fault.
Land Transport (Road User) Rule 2004
"7.2 Use of doors
(1) A person must not cause a hazard to any person by opening or closing a door of a motor vehicle, or by leaving the door of a motor vehicle open."
bellky,
Jun 18, 1:20pm
Good one pauldw
nannahall1,
Jun 18, 1:30pm
thank you all for your commentsbeen a great help
bellky,
Jun 18, 1:36pm
Don't admit fault.
freedomaira320,
Jun 18, 1:41pm
Though you are definitely at fault for failing to use punctuation in your post. Do you realise how difficult it is to read!
elect70,
Jun 18, 1:46pm
Dont worry , insurance cojust doing atry on, normal practice . Your insurance co willgo hers for the damage. As aboveguilty , if police had attended she would have got an infringement notice
bellky,
Jun 18, 2:17pm
I found it easy to read sorry. Far better than some.
imn,
Jun 18, 2:29pm
only for those that cant read. *honestly*
nannahall1,
Jun 18, 2:44pm
sorry type like i talk fast and think i hold my breath while doing it so just comes out in a rush lol
gman35,
Jun 18, 3:13pm
Yes , I lost my breath just reading it also !She was at fault , out of interest were you close to her car because you were going through a gap turning left !, hey , by the way there are two commars , try a few next time. Haha , wow , a full stop as well ! and three exclamation marks , I had better stop now.
kaymay88,
Jun 18, 5:23pm
I would say it is her fault - provided you were within you lane.
me reasoning is that if you were in your lane, then her opening her door means she has entered her car (or part of it) into the flow of traffic without first checking that it is safe to do so.
DONT deal with her ins. co personally, get your insurance co. to sort it out with them.
budgel,
Jun 18, 5:23pm
Indeed, Your spelling is catching up with you!
smac,
Jun 18, 6:47pm
Report it to Police (i.e. actually go there and fill in a form, not just phone call). Then if it all turns ugly it's been recorded.
magoo2,
Jun 18, 6:57pm
NEVER admit liability even if it is your fault,which it isnt
rallec,
Jun 18, 7:34pm
Very important to report it to the police for a number of reasons.It'll definitely help your insurance claim, but if the damage is found to be higher than a certain dollar amount (I can't remember the exact value sorry) then it has to reported, just as any accident that causes injury has to be reported.
I struggle to see it being anything other than her fault if you were in your lane, driving at the speed limit, and generally being aware/not intoxicated etc.
Make sure you get on to your insurance company - if it's different to hers they'll really fight your case for you, as it means they don't make a loss if you're not at fault.Just make sure that in that case the claim is on her policy so you don't lose NCB or have an "at fault" incident against you.
tonyrockyhorror,
Jun 18, 9:04pm
No, it doesn't.
Where the hell do you people get these whacky ideas from!
nannahall1,
Jun 19, 7:21am
thanks for all the comments and advice, including the english lit lesson. yes i was in my lane, no i wasnt going to turn, just slowing in my lane to stop at the traffic lights.she commented i should have swerved to avoid her door, i hav e to be honest and say i didnt see her at all opening the door i was watching the car in front, and had i swerved would probably have hit a car in the oncoming lane the streets in invercargill , are not very wide at times.
nzfatie,
Jun 19, 7:25am
How come he got off then!
xpfairmont,
Jun 19, 7:51am
Her fault. See should look before she opens her door, she's lucky she didn't get hit herself run over. People need to think about what they are doing.
msigg,
Jun 19, 12:54pm
Exactly look before you open your doors, that what happened to the cyclist on tamaki drive, swerved round door and under truck wheels.
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