Car Accident Liability?

Last weekend me and my sister in law was involved in an accident and I do not know who is too blame. She immediatly pointed the finger at me, and I would like some advice please!

Here's the story:

She dropped me back to my car which was parked on a private narrow road where I lived (we were in the process of moving house). I got out the passenger side of her car and walked in front of her car and over to mine. I immediately opened my car door, to search for my new house keys in the footwell. When I was walking to my car, she was reversing into an empty driveway to turn around.

Whilst I was searching for the keys my car door bumped open a bit more, little did I know she was at that point she was zooming past my car and my door banged into the side of her car causing damage to her car, and slight damage to the inside of my car door. I am of the view that she should have taken care whilst driving past, as my car door was already open and the road was narrow.
can any1 help?

Sebring Sage

Her car was moving, your car was stationary.
She hit a parked car.
Her fault.

sara

WHATEVER SHE SAYS, DO NOT ACCEPT IT - YOU WERE NOT MOVING. It is her fault. Your car was stationary. DO NOT SAY ANYTHING THAT COULD BE TAKEN AS ADMITTING YOU WERE AT FAULT.

doodlepol

Sounds to me like it was her fault. She should have been paying more attention to the road and what was going on(due care and attention?)
Say if you leant forward a bit more and raised one of your legs behind you to balance, and didnt bump your door open, she would have taken your leg off. would she still say it was your fault?
Sounds to me like she is trying to pas the buck.
Speak to someone at your local citz advice.

trigger

Your fault, your door was entering oncomming traffic

nuclear farter

did you phone police?. if not thats the first thing to do. i think the other driver is liable seeing how you were static. i think the law states if you get hit from behind the other person is liable.

JOHN R

well it sounds like your sis in law was to blame as if she hadent been speeding & was paying attention then shes have seen that your car door was oppend & that she would not get past your car with out couseing damage of any size & kind so shes was the silly one & its her to blame she was at fualt not u so u dont accept liabilaty but to be on the legal side go speek to a lawyer an get legal advice

FontOfNoKnowledge

If she couldn't see that you'd left your door open then you can see why she thinks it's your fault.
It doesn't matter whose fault it is as you will both have to write down the details when you make the claim and the insurance companies will decide who will lose their no-claims.

patrickmcc55

Believe it or not, most states have laws that state it is illegal to enter a car from the traffic side. Even though that is what everyone does, and they never enforce it, except in cases like yours, and liability needs to be established. The fact that it was a private road doesnt matter.
Legally you are liable.
sorry.

bostonianinmo

Mostly her fault, since her car was moving and yours was not. Leave it up to the insurance companies to sort out; that's what they're there for.

fire4511

She hit a stationary vehicle. She should not have been driving so close to the open door. You say that your door swung into the side of her car, which could have been caused by the air movement of her car coming so close.

She is at fault in this case. Seeing as there is minor damage, i would suggest that you each pay for your own repairs, to try to keep peace in the family.

yougotsmith

i think it would be fair if you both admitted fault and paid for your own repairs

Nimbus

not easy when it is family. and can be the source of future bad feeling.
how about going to an expert? friendly policeman, someone in an insurance brokers office or another professional and ask them to make a decision on blame, but still for each of you to pay for your own repairs.

If I was the professional I would say that you are the innocent party

vetteslayer

it would be your sister-in-law's fault.

Away With The Fairies

Her fault entirely.

serb423

as I understand from the story your car was parked and her's was moving. so it dosn't matter how wide your doors where open it was her fault, becuase she should have been paying more attention to her driving.

PeppermintandPopcorn

Her fault. Just like most people already are saying - but mainly, as a driver, you need to be aware of everything around you. She didn't.

claire

Her fault! If you got advise from insurance company they would properly do knock for knock anyway so you would pay yours and she would pay hers!! Good luck.

Louise 79

I'm sorry, but I think it's your fault: it's as if you opend your door (even if it opend more by itself) while a car was passing... in theory we must look before doing so...
Mabey she will agree that you both pay your own, good luck

paula25catt

Whoops, yes it was her fault. She should pay you comp, try not to fall out over it, it was an accident but your car was parked and she should have been paying more attention. Hope this helps you.

c.j.davies

She wasn't paying attention of what was around her

mktobyjo

Yeah, she hit your parked car. It's her fault.

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