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View Full Version : I'm I really liable? What to do?


trudance45
Nov 7, 2010, 07:08 AM
Had a accident going back a couple of weeks ago. I was driving past a lay-by when the 3rd party opened his rear right hand door into my car, took of my left hand wing mirror and dented my car. The insurance company have decided I am liable.

I am through Post Office insurance as 3rd party fire and theft, my under-writers are axa insurance, the 3rd party is also axa insurance and he has a jeep with less damage than me. My solicitors are also the 3rd parties solicitors, but since receiving a letter from them on the 20th October on behalf of the 3rd party, they are not answering my calls.

I want to be able to arm myself tomorrow when I phone my insurance company, because this was not my fault, his car door was not opened when I was passing. This happened in a carpark with very busy roads. I have asked for CCTV but the camera was not on us at that time, so it is my word against his, also I apparently admitted fault at the scene, which I did not at all.

I want to know what the UK law states exactly on opening car doors into a road (I don't know if northern ireland is different from the mainland). Im Iin-titledd to a copy of the investigators report? Also is it wrong to have to parties claiming against each other in the same solicitors company and where do I stand on them not taking my phone calls?

ebaines
Nov 9, 2010, 12:16 PM
I know the laws may be different, but here in the states it is the responsibility of the person opening the door to take care to not interfere with traffic. Ohio's law, for example, states:

No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.