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 Post subject: who's at fault??
PostPosted: Wed Sep 21, 2005 9:06 am 
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Joined: Mon Jan 10, 2005 6:37 pm
Posts: 69
Location: scotland
i had an accident with my cab yesterday, was driving down amain road with parking to the left! a woman in a car just threw open her door as i was along side causing me to clip her door! her doors is bucled but not too bad!
scrapes and dents to mine!
who is to blame?
i know you are supposed to leave room passing cars as i did but on a main road in a busy town cars are using it all day!
i was on or just over the white line in middle of road so couldnt really give much more room!
im more annoyed because taxi has been sold and new owner expecting delivery next week!


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 Post subject:
PostPosted: Wed Sep 21, 2005 10:46 am 
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Joined: Fri Sep 24, 2004 4:10 pm
Posts: 126
Location: scotland
seems to me the lady who swung open her door is in fault. Drivers need to drive with due care and attention,,theres not much more you could have done it seems,,she should have been more careful when opening her door. Its not the first time ive heard such thing.


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 Post subject: Re: who's at fault??
PostPosted: Wed Sep 21, 2005 1:53 pm 
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Joined: Thu Nov 04, 2004 5:53 pm
Posts: 10381
whizz wrote:
i had an accident with my cab yesterday, was driving down amain road with parking to the left! a woman in a car just threw open her door as i was along side causing me to clip her door! her doors is bucled but not too bad!
scrapes and dents to mine!
who is to blame?
i know you are supposed to leave room passing cars as i did but on a main road in a busy town cars are using it all day!
i was on or just over the white line in middle of road so couldnt really give much more room!
im more annoyed because taxi has been sold and new owner expecting delivery next week!


If a cyclist or pedestrian had been passing and the action of opening the door had caused injury to either of them then the person opening the door would probably be at fault. There is of course the presumption that you don't drive too close to a vehicle but just how close, is close, in this instance I do not know.

I suppose it might come down to what the courts or the insurance claims departments deem to be sufficient distance between vehicles.

Regards

JD


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 Post subject: who's at fault
PostPosted: Wed Sep 21, 2005 2:10 pm 
What you will be able to guarantee is that the insurance companies will not lose out :sad:


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 Post subject:
PostPosted: Wed Sep 21, 2005 3:11 pm 
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Joined: Mon Jan 10, 2005 6:37 pm
Posts: 69
Location: scotland
i was driving as close to or just over the white line and under the circumstances gave as much room as possible without causing a futher accident by driving way over the white line!
the woman did not look before opening her door! she just threw it wide open!


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 Post subject:
PostPosted: Wed Sep 21, 2005 3:15 pm 
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Joined: Tue Oct 14, 2003 10:45 am
Posts: 913
Location: Plymouth, i think, i'll just check the A to Z!
it would be interesting to know who would be at fault if a passenger in your taxi threw the door open as they were getting out and it was hit by a car unable to stop in time. you or the passenger?

theres been a couple of times where i've had to yell at someone sat behind me to close the door as there was something coming.
:roll:


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 Post subject:
PostPosted: Wed Sep 21, 2005 3:40 pm 
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Joined: Sat Sep 20, 2003 9:30 pm
Posts: 990
Location: The Global Market
I am afraid that the insurance company will blame you Whizz.

Been there two or three times in last ten years.

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 Post subject:
PostPosted: Wed Sep 21, 2005 5:01 pm 
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Joined: Sat Sep 25, 2004 4:31 pm
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Location: Grim North, Carrot Crunchers and Codhead Country, North of Watford Gap
steveo wrote:
it would be interesting to know who would be at fault if a passenger in your taxi threw the door open as they were getting out and it was hit by a car. you or the passenger?


I think in law you will find it is the passenger that is liable as you have no control. :x :x :x


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 Post subject:
PostPosted: Wed Sep 21, 2005 7:27 pm 
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Location: 1066 Country
Stinky Pete wrote:
steveo wrote:
it would be interesting to know who would be at fault if a passenger in your taxi threw the door open as they were getting out and it was hit by a car. you or the passenger?


I think in law you will find it is the passenger that is liable as you have no control. :x :x :x

But will the passenger have liability insurance? :?

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 Post subject:
PostPosted: Wed Sep 21, 2005 7:49 pm 
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Location: Grim North, Carrot Crunchers and Codhead Country, North of Watford Gap
Quote:
But will the passenger have liability insurance? :?


The plot thickens, suppose they will have to use OUR insurance, maybe just maybe we could recover our losses in court from them, more chance of herding cats


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 Post subject:
PostPosted: Wed Sep 21, 2005 7:56 pm 
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Joined: Sat Jul 30, 2005 8:58 pm
Posts: 16
:oops: my first day driving a taxi,passengers get out off-side door,i think door is closed and drive away,a great big f*****g skip at the side of the road and door flys open as i`m passing,bang! off comes the whole door.
i had the [edited by admin] taken out of me for months by mates :oops: :oops:


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 Post subject:
PostPosted: Thu Sep 22, 2005 4:01 am 
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Location: London
auldyin wrote:
:oops: my first day driving a taxi,passengers get out off-side door,i think door is closed and drive away,a great big f*****g skip at the side of the road and door flys open as i`m passing,bang! off comes the whole door.
i had the [tut-tut] taken out of me for months by mates :oops: :oops:



Was that in your FX3 Auldyin? :wink:


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 Post subject:
PostPosted: Thu Sep 22, 2005 6:43 am 
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Location: 1066 Country
greenbadgecabby wrote:
Was that in your FX3 Auldyin? :wink:

No in his horse and cart. :D

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 Post subject:
PostPosted: Fri Sep 23, 2005 1:23 am 
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Joined: Sat Jul 23, 2005 11:08 pm
Posts: 53
Location: Aberdeen, Scotland
Yes the woman is at fault. She should have looked in her wing mirror for a safe time to exit her car. So if you were at fault are you supposed to crash into on coming traffic?

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 Post subject:
PostPosted: Fri Sep 23, 2005 6:18 pm 
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Joined: Mon Jan 10, 2005 6:37 pm
Posts: 69
Location: scotland
you would think she would be in the wrong !
some people say different! as does her insurance who have given the go-ahead for repairs (saying i am at fault!)
i tried to get insurance for my new taxi today and because there is a claim pending have been quoted upto treble what i was previous!
not a happy chappy!
just have to see waht happens i guess!


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