Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Car Door Accident...

Options
  • 27-02-2009 1:21pm
    #1
    Registered Users Posts: 784 ✭✭✭


    Hi all,

    Couldn't find any old threads on this, which is surprising cos it happens alot. Basically I was in an accident yesterday in Terenure. I was cycling along, minding my own business, :P, when a taxi driver opened his car door on me and knocked me off onto the road.

    Initially i thought he was liable for the accident but since my front light was missing, he's claiming that he looked in his mirror and didn't see me. So now I've got a messed up bike and apparently i have to pay for this guys door to get fixed. Should I have to pay for everything? Considering i was in a well lit up area and had cars around me. I know i'm at fault but surely he is a bit too?

    also, out of interest, how much approximately would it cost to fix a car door. The door could close fine but it was dented in a bit so when he opened it it was rubbing near the hinge against the front panel on the car. Anyone know? :(


    Thanks for the help.
    Post edited by magicbastarder on


«13

Comments

  • Registered Users Posts: 1,352 ✭✭✭rottenhat


    Yes, he is at least as much at fault as you are, probably more so. The onus is on the person opening the door into traffic to ensure that it is safe to do so. Tell him he can take a running jump if he thinks you're paying any damages on his car, and that he's lucky not to be hearing from your solicitor.


  • Registered Users Posts: 5,514 ✭✭✭Sleipnir


    Report the accident to the Gardai. Give them your side of the story.

    You didn't do anything wrong. He did so why should you be paying?

    "Oh I didn't see you and that's your fault." ???


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    He is completely, 100% at fault. Nearly had the same thing happen to me on Tuesday. Taxi driver had to swing around me to pull in down the road and then opened his door as I passed. If I'd been half a second earlier, his insurance premium would have skyrocketed. Morons.

    Looking in your mirror before opening the door into traffic isn't sufficient and anyone who would claim so is also a moron. You wouldn't pull out into traffic without looking over your shoulder, so why would opening your door be any different?

    What action to take I guess would depend on the extent of the damage. If it was less than €200 I'd probably take the hit. Any more and I'd make a claim with his insurance company. Either way I'd tell him to go and jump for his costs.


  • Registered Users Posts: 784 ✭✭✭Peleus


    but the guards would just take his side. wouldn't they? It was 7pm and i had no front light, surely he has a point with that one. Do you think brining it to the guards is the best option.


  • Registered Users Posts: 784 ✭✭✭Peleus


    seamus wrote: »
    What action to take I guess would depend on the extent of the damage. If it was less than €200 I'd probably take the hit. Any more and I'd make a claim with his insurance company. Either way I'd tell him to go and jump for his costs.


    are you talking about my damages? i can fix the bike myself, nothing major just a seriously buckeld wheel and crooked handle bars. can get a mate of mine to fix it for free.

    so you're saying i shouldn't have to pay a thing for his damages?


  • Advertisement
  • Closed Accounts Posts: 2,001 ✭✭✭scottreynolds


    Peleus wrote: »
    It was 7pm and i had no front light

    Thats was a bit stupid... Its one of my pet hates people not having lights. Just tell the Taxi driver you asked the Boards guys and they all think he's stupid for opening the door and take it no further.


  • Registered Users Posts: 4,946 ✭✭✭red_ice


    im not a cyclist by any stretch, my friends are tho, and regardless of what he says he is totally 100% at fault.

    However you have already lost the case. The second something like that happens you should call the gards and get it on record.

    A door is a tricky thing to fix. It could be done a few different ways depending on the car. It could be a panel beat, fill or a panel replacement.

    The pandel beat will cost at least 3 hours labour at roughly 80 an hour. Then you would have to pay for a respray. The total would be around 500 i would assume. Thats being lucky.

    The fill would act like polyfiller on a wall, thats cheaper and quicker (as such not the dry time) but you will definitly have to pay for a respray. Not even sure if this is done anymore.

    The panel replacement is quicker, but it also includes a respray.

    There could also be alignment issues with the door, not to mention the front arch panel being bent out of shape, which would also cause alignment issues.

    If the paint doesnt match, he might request another respray to make sure the shades are just right.

    Taxi drivers are the scum of the earth, one of them scratched my cars front wheel arch which knocked it out of alignment and cracked my front light (instant NCT Fail). He wanted to offer me 50 quid to call it quits and fought tooth and nail against the 1600 quid damage that he actually caused. Theres alot more than the untrained eye will see in cases like these.

    But again, your in the right, but you seriously should have called the gards if there were damages caused.


  • Registered Users Posts: 4,567 ✭✭✭delta_bravo


    We're you wearing a hi vis vest?


  • Registered Users Posts: 784 ✭✭✭Peleus


    no, i was an idiot, had two back lights but no front one as it was robbed off my bike.

    i can't beleive it'd cost €500, there is no way i could pay even close to that. The only money i have in the world right now is €100 and i dont feel well about just giving it away. So you think i should go and report it to the guards. would that help?


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    Peleus wrote: »
    are you talking about my damages? i can fix the bike myself, nothing major just a seriously buckeld wheel and crooked handle bars. can get a mate of mine to fix it for free.
    Yep, I'm talking about your damages. Ignore his.
    so you're saying i shouldn't have to pay a thing for his damages?
    Yep. It was stupid to have no front light. That drives me mad. Hopefully you've learned your lesson now. But Terenure wasn't exactly the Amazon Jungle at 7pm last night. Unlit cyclists are (unfortunately) still very visible in the streetlights, which is probably why so many people chance it.

    The taxi driver had no excuse really, he just didn't look.

    http://www.youtube.com/watch?v=masAsJeyIVQ


  • Advertisement
  • Registered Users Posts: 1,352 ✭✭✭rottenhat


    Absolutely not.

    This has happened to every one of us at some stage or another (three times for me, I think) and the first reaction of almost every driver is to try and put the blame on the cyclist because they don't want to admit they did something stupid. And having done that, they won't back down because then they'll look stupid again. Conversely, you tend to be a bit shocked by the experience and generally relieved not to be hurt, and don't stand up to their bull**** as you might ordinarily do.

    However the likelihood of ever hearing from this guy again should you ignore his demands is vanishingly small. He is in the wrong, and he is very fortunate that you were not seriously injured (as, of course are you). I don't think the guards would necessarily take his side - I imagine they'd would most likely take a few details and then stick it in the never to be examined again file.

    The one thing to take away from this is always to keep your distance from parked cars and be specially wary of any car where you see the tail lights switch off as that often means the driver is about to get out of the car. After a while you get into the habit of peering into cars as you approach them to see if anyone is in them, and believe me, it's a good habit to have.


  • Moderators, Politics Moderators, Sports Moderators Posts: 24,269 Mod ✭✭✭✭Chips Lovell


    Even on well lit streets in town, I'm always surprised at how invisible cyclists with no lights are and I'm a cyclist myself.

    You were riding at night with no lights and if push comes to shove, I'd find it hard to see how you wouldn't be liable for part if not all of the costs. Does this guy have your details?

    Moral of the story is that a new front light is a lot cheaper than a car door.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    red_ice wrote: »
    However you have already lost the case. The second something like that happens you should call the gards and get it on record.
    This is not correct. Admitting liabilty at the scene doesn't confer liability. It can damage your defence, but it's not a "lost case" by any stretch.
    Peleus wrote: »
    So you think i should go and report it to the guards. would that help?
    Yes. Go to Terenure Garda station at your earliest opportunity (i.e. on your way home this evening). File a report, be completely honest and give them whatever details you have about the other guy.

    In the unlikely event that the taxi driver wants to pursue you for damages, it will help your case immensely if your statement is in first as it will devalue any embellishments on the part of the taxi driver, ("I opened my door, went around to the back of the car, stood there for five minutes and then he hit my door Garda.").

    If it went to court, there is the possibility of partial liability but any insurance company with a bit of sense wouldn't let it get remotely that far, especially when you're not pursuing for damages.


  • Closed Accounts Posts: 730 ✭✭✭short circuit


    @peleus ... how did you cause the dent on the door .... if you were cycling up from behind and he opened the door .. you would have hit the inside of the door ... somehow the dent to the panel doesn't sound right .. I can understand if you damaged the interior trim.

    With or without lights, I would say it wasn't your fault .. would he have done the same if there was a car coming up with no lights .. I think not ...

    Having said that, you should refrain from making any claims yourself as you know you were at some fault too.


  • Closed Accounts Posts: 1,931 ✭✭✭az2wp0sye65487


    I am a motorist, not a cyclist, but I don't reckon you should be liable for his costs. You both made a silly mistake, maybe you should both be responsible for your own repairs...

    There are a couple of options:

    1) Call the guards AND his insurance company and report the accident.
    2) If you are in touch with the driver, tell him you're not paying the costs of his repair. If he insists, check whether or not he has reported it to his insurance company. If not, tell him you are going to. He won't want you to as his premium will rocket - esp. for a taxi driver
    3) If you are not in touch with him and he has no way of contacting you.... what can he really do to pursue you? Just keep the head down and say nothing.

    Just make sure you don't make that mistake again.


  • Closed Accounts Posts: 1,190 ✭✭✭Silenceisbliss


    all I've read so far really is "oh you poor cyclist...I hate cars too!"
    I'm a cyclist too and I also think that the majority of car drivers have a spa attack when the see a cyclist.

    But

    you had no front light at the time. you are liable.
    Link

    On 27 Feb 2009, the official sunset time in ireland is 17:59hr. That would mean that "lighting up time" (half an hour after sunset) is 18:29hr. After this time, you are required by law to have both a rear and front lamp. before this time, only a rear light is necessary.

    you said the accident happened at 7pm (19:00hr).... if it would have happened before 18:29hr, he would have been liable. after that, you are liable. simple as.


  • Registered Users Posts: 342 ✭✭white apples


    I'm a cyclist and a motorist and you'd be surprised at how difficult it is to see cyclists in the dark if they are not either using lights, or wearing a hi-vis.

    Yes, maybe he should have looked longer and harder but you can't really blame people for not having supersonic sight. The amount of times I've nearly hit cyclists because they were cycling in the dark, with no lights and wearing dark clothes and it drives me up the wall because if there was an accident I'm sure the blame would be put on me.

    I would never dream of cycling in the dark without at least a hi-vis. I would go so far to cycle on the path sooner than a busy road with no lights. It's just too easy to cause an accident and personally I don't think it's fair to then put the blame onto the guy who didn't see somebody in the dark, with no lights on them! I would go so far as to say I think that gardai should start fining people for not using lights in the dark.

    OP, you said your light was stolen which is bad luck, and I'm not trying to have a go at you and thank god you weren't injured. But people who do this regularly....I just think it's inviting disaster sooner or later.


  • Registered Users Posts: 6,860 ✭✭✭TinyExplosions


    Seamus gives good advice -make the report, and if the taxi driver gets in touch with you looking for money, answer with "oh, I'm so glad you called -my solicitor advised me to get my neck and head checked out, and it seems I have some damage -you'll be hearing from him in due course about the civil case" or somesuch nonsense and watch him turn white


  • Registered Users Posts: 4,946 ✭✭✭red_ice


    seamus wrote: »
    This is not correct. Admitting liabilty at the scene doesn't confer liability. It can damage your defence, but it's not a "lost case" by any stretch.

    I said he was in the right, the fact that he did nothing about it on site and didnt grab the bull by the horns(as you should do in this situation) means his defence(because now he needs one) is damaged more so now than ever. Think about it, if your house is robbed and you catch the thief, do you let him go having got all his details? Or do you report him right away on the scene? You make sure the guy cant get away!
    seamus wrote: »
    Yes. Go to Terenure Garda station at your earliest opportunity (i.e. on your way home this evening). File a report, be completely honest and give them whatever details you have about the other guy.

    As a rottenhat said, it will now go in the never to be looked at again pile. And if it does, the scales will be tipped big time!

    seamus wrote: »
    In the unlikely event that the taxi driver wants to pursue you for damages, it will help your case immensely if your statement is in first as it will devalue any embellishments on the part of the taxi driver, ("I opened my door, went around to the back of the car, stood there for five minutes and then he hit my door Garda.").

    Thats how he can word it if he wants. No proof of anything else, no witnesses, no on site report.

    seamus wrote: »
    If it went to court, there is the possibility of partial liability but any insurance company with a bit of sense wouldn't let it get remotely that far, especially when you're not pursuing for damages.

    again, imo thats a sign of weakness! This shows you feel guilty for what happened in some way or another. If someone does something that directly effects an asset of yours you should demand compensation with no exception.

    I've been involved in many an incident with my car(im a pleb magnet!) and the first 2 times i lost the plot, nearly didnt chase up certain things etc. Now its a case of

    *bang*, here we go again, details pls, your fault not mine, gards arrive on scene, i point out whats wrong, other party pleads case, insurance get involved, assessors arrive, agree with said case, car gets fixed, end of story.

    Honestly seamus, if that were you would you do it any other way? I hope to god that i never hit someone on a bike incase of a situation like above(and other more obvious ones). Id lose hands down.


  • Registered Users Posts: 4,946 ✭✭✭red_ice


    Sorry to post a bunch of times here
    seamus wrote: »
    In the unlikely event that the taxi driver wants to pursue you for damages

    followed by
    seamus wrote: »
    If it went to court, there is the possibility of partial liability

    What has the driver got to lose?


  • Advertisement
  • Registered Users Posts: 31,031 ✭✭✭✭Lumen


    It sounds like it was mostly your fault. If you're cycling without a front light, the least you can do is keep a distance from stationary vehicles.

    His mistake (not seeing an unlit cyclist after sunset) is arguably escusable. Yours (recklessly cycling without lights) isn't.

    When my Mini door lock got screwdrivered, it cost over £1k to get the door reskinned by the BMW dealer. So, this could be expensive. But IANAL.

    I'd try and keep him onside if possible. I've crashed into other cars (in my own car) before, more than once, and I found myself surprised by how incredibly reasonable people can be if you 'fess up, offer to cover costs, but plead poverty.


  • Registered Users Posts: 68,317 ✭✭✭✭seamus


    I said he was in the right, the fact that he did nothing about it on site and didnt grab the bull by the horns(as you should do in this situation) means his defence(because now he needs one) is damaged more so now than ever. Think about it, if your house is robbed and you catch the thief, do you let him go having got all his details? Or do you report him right away on the scene? You make sure the guy cant get away!
    There is no obligation to call the Gardai and have them do a scene report unless someone's been injured. It's very common and perfectly acceptable to get eachother's details, leave the scene and file a report to the Gardai later on.
    It's not the same as catching a thief. It's a civil action, not a criminal one, so the assumption is that both parties are civil people who will comply and co-operate. There is no need to "hold onto" the guy.
    again, imo thats a sign of weakness! This shows you feel guilty for what happened in some way or another. If someone does something that directly effects an asset of yours you should demand compensation with no exception.
    The law doesn't see it that way and wouldn't consider him "guilty" just because he didn't consider the damages to be worth pursuing. There is no legal requirement for him to chase damages and the law cannot penalise him or prejudice him for not chasing damages.
    red_ice wrote: »
    What has the driver got to lose?
    Stupid amounts of money? Even in partial liability, the cyclist would get stung for a few hundred quid and the taxi's insurance for everything else.


  • Registered Users Posts: 4,833 ✭✭✭niceonetom


    you had no front light at the time. you are liable.
    Link

    i don't see where it says that failure to comply with the lights law = automatic liability in case of an accident.

    maybe the OP bears some responsibility here, but it's certainly not a clean cut issue.


  • Closed Accounts Posts: 2,001 ✭✭✭scottreynolds


    Lumen wrote: »
    It sounds like it was mostly your fault. If you're cycling without a front light, the least you can do is keep a distance from stationary vehicles.

    His mistake (not seeing an unlit cyclist after sunset) is arguably escusable. Yours (recklessly cycling without lights) isn't.

    When my Mini door lock got screwdrivered, it cost over £1k to get the door reskinned by the BMW dealer. So, this could be expensive. But IANAL.

    I'd try and keep him onside if possible. I've crashed into other cars (in my own car) before, more than once, and I found myself surprised by how incredibly reasonable people can be if you 'fess up, offer to cover costs, but plead poverty.

    I agree with Lumen partially........... just contact the man say your a poor student who has 100 euros to their name and say, I'd love to help you out but I can't. I know this situation is stupid and I'm sorry that my light was stolen. I have bought a light now and it shouldn't happen again.

    As I said I'm not in a position to pay but if you feel you need to get th money out of me I would be happy for you, or your insurance company, to take me to court. As least with the court they will give you a fine and you can pay it back when you can afford it.

    Then, for the craic, say I'm travelling for the next three weeks so you won't be able to contact me -- Mumand Dad are taking me to the Bahamas cause the weather is too cold and dark here.


  • Registered Users Posts: 1,883 ✭✭✭Ghost Rider


    Don't have time to read all the posts on this thread so apologies if I'm repeating stuff that's been said... Anyway, I just wanted to say that I have a bit of experience with this sort of thing so if you have any questions, PM me and I'll respond over the next day or so. (I was "door-ed" last year and eventually received compensation for my medical bills.)

    My one single bit of advice right now would be to go to a Garda station and make a statement. It shouldn't matter if it happened yesterday or even a few days ago. Just give them all the details.
    Peleus wrote: »
    Hi all,

    Couldn't find any old threads on this, which is surprising cos it happens alot. Basically I was in an accident yesterday in Terenure. I was cycling along, minding my own business, :P, when a taxi driver opened his car door on me and knocked me off onto the road.

    Initially i thought he was liable for the accident but since my front light was missing, he's claiming that he looked in his mirror and didn't see me. So now I've got a messed up bike and apparently i have to pay for this guys door to get fixed. Should I have to pay for everything? Considering i was in a well lit up area and had cars around me. I know i'm at fault but surely he is a bit too?

    also, out of interest, how much approximately would it cost to fix a car door. The door could close fine but it was dented in a bit so when he opened it it was rubbing near the hinge against the front panel on the car. Anyone know? :(


    Thanks for the help.


  • Registered Users Posts: 4,946 ✭✭✭red_ice


    seamus wrote: »
    There is no obligation to call the Gardai and have them do a scene report unless someone's been injured. It's very common and perfectly acceptable to get eachother's details, leave the scene and file a report to the Gardai later on.

    Your right, it is, but as far as having someone else see the damage/scene goes, no better word than a gards!
    seamus wrote: »
    It's not the same as catching a thief. It's a civil action, not a criminal one, so the assumption is that both parties are civil people who will comply and co-operate. There is no need to "hold onto" the guy.

    Of course its not, my example was an obviously exaggerated one! But i most definitly stand by what i said about waiting for the gards. especially when theres damages done to both parties, personally i wouldnt do it any other way.
    seamus wrote: »
    The law doesn't see it that way and wouldn't consider him "guilty" just because he didn't consider the damages to be worth pursuing. There is no legal requirement for him to chase damages and the law cannot penalise him or prejudice him for not chasing damages.

    of course, im talking about the driver here! honestly, id place money on the fact that that taxi driver will get in contact with the OP and ask for his door to be fixed. If it went any further, im pretty sure he would get something towards it even if he was at fault! Sure you said it yourself
    seamus wrote: »
    Stupid amounts of money? Even in partial liability, the cyclist would get stung for a few hundred quid and the taxi's insurance for everything else.

    I think we are both trying to word the same arguemnt here or am i missing something?


  • Registered Users Posts: 15,989 ✭✭✭✭blorg


    red_ice wrote: »
    Taxi drivers are the scum of the earth
    In fairness they are not all that bad, there is one on this very forum! I have had a few run-ins with them in my time but the one time damage was caused due to my fault, I managed to cycle into the back of an unoccupied and parked one, breaking his rear light and leaving a bit of a scratch. 100% my fault. Left a note on the car and he was very good about it, got the new light cheap from a trade contact and fitted it himself, said not to worry about the scratch. I know how much these things cost and I can assure you he only asked for the bare minimum.

    @OP- you should have had a light but personally I find it inconceivable that you would be held liable in this case. He should have looked more than in his mirror before opening the door and if you were close enough to crash into it I find it difficult to believe he would not have seen you had he looked. I would refuse to pay anything and let his insurance come after you if they want (they won't.) Make sure to make a statement now though, with all the details (e.g. include that you did not have a light.)

    @Silenceisbliss- that is rubbish, jaywalking is illegal but that doesn't mean you can just plow into someone illegally crossing the road.


  • Closed Accounts Posts: 461 ✭✭NeilMcEoigheann


    from the voice of illegality... does he have your details? if not then you were meeting some friends in the city that night and were never in the terenure area.


  • Closed Accounts Posts: 9,496 ✭✭✭Mr. Presentable


    If a car had hit the door, who'd be liable?

    If instead of a door a pedestrian stepping off the path had been hit by a bike, who'd be liable?

    If the taxi driver had got out and closed the door and been hit by a bike, who'd be liable?

    Was the car in a bike lane?

    Was the a car behind the bike whose lights obscured the lightless bike?

    I'd share the blame 50/50 based on what we've been told, but as usual when a cyclist is involved, they are poverty stricken and never pay their dues.


  • Advertisement
  • Closed Accounts Posts: 2,001 ✭✭✭scottreynolds


    Let me have a stab..
    nipplenuts wrote: »
    If a car had hit the door, who'd be liable?

    If instead of a door a pedestrian stepping off the path had been hit by a bike, who'd be liable? Pedrestrians must cross the road at a junction. Cyclists must have lights. 50/50

    If the taxi driver had got out and closed the door and been hit by a bike, who'd be liable? Same as this I'm afriad -- the taxi driver looked saw nothing and was hit by a ghost aka cyclist.

    Was the car in a bike lane? -- not clarified here.

    Was the a car behind the bike whose lights obscured the lightless bike? -- Sadly no.

    I'd share the blame 50/50 based on what we've been told, but as usual when a cyclist is involved, they are poverty stricken and never pay their dues.


This discussion has been closed.
Advertisement