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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70200
Experience:  Over 5 years in practice
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I was legally parked went to get out of my car and a passing

Customer Question

I was legally parked went to get out of my car and a passing car hit his door mirror on my car door. He is claiming it is my fault. Please advise me what to do.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
His near side door mirror is beyond repair and he is claiming there is paint damage to the side of his car where the mirror casing came off
Expert:  Jo C. replied 1 year ago.

Are you asking if you are liable?

Customer: replied 1 year ago.
I want to know if he can claim against me as he is saying it was my fault.
Expert:  Jo C. replied 1 year ago.

Do you mean that you opened the car door into the path of an oncoming vehicle?

Customer: replied 1 year ago.
Please can I have a response
Expert:  Jo C. replied 1 year ago.

I need the information I asked for?

Customer: replied 1 year ago.
Sorry.... In response to your question
I didn't see a car approaching from behind when I went to get out car, I was the back vehicle of a row of parked cars. The door of my car was not fully open
Expert:  Jo C. replied 1 year ago.

If the accident was caused when you opened a car door into the path of an ongoing car then you are liable. There is no way around it.

You could try to argue that there should be a reduction for contributory negligence because they were unable to stop but it is fair to say it is probably not worth litigating over.

Your insurance will deal with it although it is probably in your interests to try to settle.

Can I clarify anything for you?

Jo

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