So i got doored - advice please

McTigs

i was cycling through slow moving traffic in galway city centre yestreday evening (just off eyre sq). I was passing on the left hand side of the cars when a passenger door suddenly opened, no time to break, and i went straight into it wth my right shoulder taking the hit and flew on to the pavement. it was lashing rain but i did have my front light on as i knew visibility was poor.

the girl who opened the door imediately said she was so sorry and that she had never even looked to see if there was anything coming. she was in as much shock as me. her mother who was driving pulled up the car and they both helped me to my feet along with a passerby. my gp was just down the road so i said i shuold go there for a check, they said they would call the cops and wait there. my gp told me xays would be necessary to properly assess the damage and gave me a letter fo a&e. i went back to the scene and the two women were there with two guards. the story they had given the guards was that they had pulled in to let the daughter get out, i said they were in the line of traffic. cops took both our details and said they would call us both tomorrow.

the women then offered to drive me to the a&e which i accepted. on the way the mother kept saying it was an accident and no one could have seen it coming and these things happen and it was "50-50", i didn't agree with her but didn't labour the point as how it was her daughters negligence that was to blame as i was cycling where i should be. the daughter really felt awful. they left me at the a&e and i told them i would be in touch.

xrays came back with a broken collar bone, the least worst outcome according to the consultant so thank goodness for that. i texted the mother later and tol her and she came back with "sorry to hear that.... no one can take the blame, these things happen... if i can help with the hospital bill please let me know and i'll do what i can". i haven't texted her back.

my feeling is that it was their fault and their insurance shuold be covering everything, hospital bills, bike repairs, medication. as it is i will be out of work a few days (office work) and seeing as i can't drive or cycle with this i have the added expence of buses and taxis.

where shuold i go from here as i didn't gt names or numbers of witneses. it was outside a bank so i think one of the staff saw it. i might go in there today and see i can locate that person and see if there is cctv footage. i know few accidents have been reported on here before so maybe you guys hve some advice for me. i'm not nasty or vindictive but i believe i shuold be compensated fo any expence incurred.

thanks in advance.

uck51js9zml2yt

check with the guards for the details. they should have them. do you know whick station he was from.

collar bones are painful. hope you mend quickly.

godtabh

You will probably have to go down the civil route and the Personal Injuries Board. Don't think you need a solicitor for this but it may help. Speak to the guards and go from there

rollingscone

It's pretty straight forward.

The driver has a duty of care and their passenger is under that remit, so the driver's Third Party cover will apply.

In terms of liability it appears clear cut, if they were opening the door the onus was on them to ensure it was safe to do so and there's very little that can be attributed to you (unless you were cycling blindfolded with a rocket on the back).

People can get pretty emo and unreasonable about these sorts of things so it's important to be transparent in your intentions when claiming and try to deal with their insurer rather than the motorist themselves.

If it's an option you might ask the Insurer about direct settlement of your medical bills (i.e. they pay the provider rather than you) so they might agree to supply or pay the Physiotherapist if required etc.

Loss of earnings and time out of work can be documented by provision of a letter from your employer or a payslip plus the medical evidence in support of your time off. Unless you suffer ongoing problems that aren't being addressed by physio and the acute treatment at the time it's probably not worth your while to make a claim through PIAB or a solicitor unless the other side are disputing or dragging their heels (their loss if they do).

In terms of special damages (i..e the bike and any property of yours) be very specific in your supporting documentation, the people agreeing the value with you are unlikely to know a derailleur from a handlebar plug so it might save you a lot of aggro if you're super specific and make sure that the handler you're dealing with repeats exactly what you're telling them (As an experienced motor claims handler I can say that many of my colleagues of all grades are morons).

?Cee?view

Sorry to hear that happened to you. Thank God that it's not worse, but still awful.

What was the attitude of the guards? Did you get their names?

First thing I would do is take a day or two to rest. The most important thing is your recovery. Then I would get on to the guards and insist on making a full statement; you need your version on file.

I would then be contacting a solicitor as this seems like one where liability will be contested. Your solicitor should be in a position to get the full detail from the Guards of the people involved if the guards are unwilling to give it to you.

You are likely to find that as an actual injury has resulted, the Guards will take this one more seriously.

Take care.

codie

If you were in a designated cycling lane well then the driver of car is responsible but if you're in a queue and moving faster than traffic then pass on your right .

Johnny Jukebox

Give her an opportunity to be reasonable about and to accept liability. If there is no co-operation find a lean, hungry and mean solicitor and hand it all over to them.

cdaly_

Go to the Gardai (who were at the scene) and request driver's details (you are entitled to name, address, reg and insurance details). Call her insurance co and report the incident and inform them that you will be making a claim. Personally I wouldn't talk to her further as she's already trying to offload blame.

Ask gardai to request the cctv from the bank (banks keep that for a month or more).

Driver is responsible for her passenger's behaviour. Rules of the road allow you to filter on the left on the bicycle and she should have checked that the road was clear before allowing a passenger to open the door.

For future reference, stay on the ground until the gardai or ambulance arrive...

?Cee?view

codie wrote: »

If you were in a designated cycling lane well then the driver of car is responsible but if you're in a queue and moving faster than traffic then pass on your right .

While this may indeed be correct, it does not absolve the driver from their duty of care.

This points to liability possibly not being a straightforward issue in this case.

buffalo

codie wrote: »

If you were in a designated cycling lane well then the driver of car is responsible but if you're in a queue and moving faster than traffic then pass on your right .

Undertaking was made legal for cyclists over a year ago.

Dermot Illogical

What cdaly_ said. Also, Eyre Sq is probably covered by CCTV (either garda or council) so ask about that.
Definitely have no more direct contact with the driver. It'll be all your fault by the time she's finished backpedaling. Deal with her insurance. That's what they're there for.

confused couple

I would advise you to go to the guards, report the incident and details about the incident, clearly the woman who was driving is already refuting liability, the same thing happened me in Dublin four years ago, the guards wouldnt deal with it initially but after enough hounding they did, you may need to take a civil route, in my case it was a hit and run. If you wrote a letter to the driver of the car, she is responsible not the passenger asking would there be any chance she could cover your medical costs, you may need a lot of physio or be out of work, if your out of work for a while civil action is probably better, you will get compensation for being out of work and for injuries. It could take a number of years to get this resolved. I was 2 years. My case went to DPP first and then I took a civil case, I had no broken bones but I had been knocked out and the person just left me in the middle of the road. To be quite honest if it was again I wouldnt near a court, it can drain you. Best of luck

codie

buffalo wrote: »

Undertaking was made legal for cyclists over a year ago.

For my own personnel safety I wouldn't do it legal or not

Cee-Jay-Cee

Go to the Gardai and get her name/address, car registration and insurance details. Contact the insurance company and ask them if they will deal directly with you or with your solicitor and take it from there. Tell the insurance co that you are makings personal injury claim. You can text /call the driver and tell her the same thing.

codie

buffalo wrote: »

Undertaking was made legal for cyclists over a year ago.

http://www.dailyedge.ie/11-things-you-might-not-know-about-cycling-in-ireland-907851-May2013/


8. It’s not against the rules of the road for a cyclist to pass drivers on the inside… with exceptions

The same legislation published by Minister Varadkar in October 2012, it was clarified that cyclists have the right to overtake on the inside if the vehicles are stationary or moving slower than the cyclist.

There are exceptions though:

If the vehicle is turning left and looks like it will turn left before the cyclist overtakes
If passengers are getting in or out of the vehicle
If the vehicle is loading or unloading goods

wirelessdude01

codie wrote: »

If passengers are getting in or out of the vehicle

Surely that only applies if the car has pulled in and isn't just stuck in a line of traffic and the passenger decides that he/she is getting out.

Lumen

Was there a cycle lane or not?

If not, my legally unqualified opinion is that whilst in theory there may be contributory negligence on the part of the cyclist for passing on the left whilst passengers are getting out (and going at a speed where stopping for this foreseeable event is not possible) in practice the liability for any damages will fall on the party with insurance, i.e. the driver.

buffalo

codie wrote: »

There are exceptions though:

If the vehicle is turning left and looks like it will turn left before the cyclist overtakes
If passengers are getting in or out of the vehicle
If the vehicle is loading or unloading goods

Ah yes, and cyclists are supposed to predict when a door might open in a line of traffic a couple of feet ahead, and come to an instant safe stop? The exact text is:

(ii) is stationary for the purposes of permitting a passenger or passengers to alight or board the vehicle

From the sounds of the OP's scenario, the car was stationary because it was in a queue of traffic, not for the purpose of allowing a passenger to alight. That was secondary. Obviously I don't know the full details, but stationary for the purposes of permitting passengers to alight/board would imply that they had pulled into the kerb, and were either indicating left or had their hazards on.

galwaycyclist

I would take the advice of cdaly and ?Cee?view. I would add to this that you need to keep a record of what guards you spoke to and when. I would also go to the bank and inform them of the incident and that you will be asking the Guards to access the CCTV.

Without going into details here it is not unknown for some members of the Garda in Galway to fail to request, or view, CCTV of incidents involving cyclists or for them to deny the existence of CCTV that was subsequently uncovered and found to support the cyclist's version of events.

The first thing is to get a statement on file with the Guards - if you go to give a statement I would try to see if you can find one of the community guards as they are often also members of the bike unit. They may wish to leave it to whoever attended the scene but its worth a try. Getting started on the right foot may be most of the battle.

buffalo

Lumen wrote: »

Was there a cycle lane or not?

If not, my legally unqualified opinion is that whilst in theory there may be contributory negligence on the part of the cyclist for passing on the left whilst passengers are getting out (and going at a speed where stopping for this foreseeable event is not possible) in practice the liability for any damages will fall on the party with insurance, i.e. the driver.

I'd agree with this to an extent - you'd have to be going extremely slowly to be able to stop when a door opens a couple of feet ahead. I've been doored in the past whilst alongside a car (i.e. they opened the door /into/ me, not ahead of me - in the same situation as the OP, young passenger getting out), the door hit the side of my front wheel while I was travelling at about ~15kmph. I was passing on the left while someone was alighting - am I therefore at fault?

codie

wirelessdude01 wrote: »

Surely that only applies if the car has pulled in and isn't just stuck in a line of traffic and the passenger decides that he/she is getting out.

Who could pass a car on the left if it is pulled in.If it is pulled in its pulled in there isn't room up the left because there is a vehicle there.

wirelessdude01

codie wrote: »

Who could pass a car on the left if it is pulled in.If it is pulled in its pulled in there isn't room up the left because there is a vehicle there.

Exactly!

codie

OP says the story they had given the guards was that they had pulled in to let the daughter get out.I know op doesn't agree but unless he can prove they were in a line of traffic it's not looking good.

quozl

codie wrote: »

OP says the story they had given the guards was that they had pulled in to let the daughter get out.I know op doesn't agree but unless he can prove they were in a line of traffic it's not looking good.

You've been watching too much CSI Miami. Civil law is determined on balance of probability, not absolute proof - http://www.mccarthy.ie/balance-of-probabilities/

So the question is, which is more likely?

That the OP was doored while passing a stationary car in traffic

or

That the OP was doored travelling up the inside of a stationary car parked at the kerb, and was travelling up the inside of this parked car at a speed sufficient to break their collar bone in the impact.

Do you have any basis for your statements Codie, or are you completely randomly speculating? It certainly comes across as random speculation - can you provide any support for your claims?

codie

quozl wrote: »

You've been watching too much CSI Miami. Civil law is determined on balance of probability, not absolute proof - http://www.mccarthy.ie/balance-of-probabilities/

So the question is, which is more likely?

That the OP was doored while passing a stationary car in traffic

or

That the OP was doored travelling up the inside of a stationary car parked at the kerb, and was travelling up the inside of this parked car at a speed sufficient to break their collar bone in the impact.

Do you have any basis for your statements Codie, or are you completely randomly speculating? It certainly comes across as random speculation - can you provide any support for your claims?

Have you proof or are you simply speculating?

because I swear I never have watched CSI Miami

Dermot Illogical

codie wrote: »

Have you proof or are you simply speculating?

because I swear I never have watched CSI Miami

You'd love it! They would prove, in 45 minutes, that it isn't possible to cycle up the inside of a car that is "pulled in". They would look fantastic while doing so, and it wouldn't be raining. Blood-splatter analysis and vehicle forensics would play major roles.

blondie990

OP, I agree with cdaly. In relation to the gardai, I would try to get that information and the attending garda's name asap, today if possible, because unfortunately with the way gardai work, their hours and different duties etc. you may find it difficult to make contact with the garda into the future.

I was involved in an accident last year and the prosecuting garda was on rest and then moved to a garda station the other side of the country and it was very nearly getting to the stage where the summons wasn't going to be served on the person that hit me but thankfully in the end it got sorted. It took an awful lot of work on the part of my solicitor to track the garda down though so do try to get all of that sorted asap.

Good luck with it and let us know how you get on.

thomas98798

Hate to break the bad news to you but from past experience you haven't a leg to stand on.

If the driver is offering to cover medical bills or to even assist then grab it with both hands. If this ends up being dragged through courts, and you end up loosing the case, which I feel is highly probable, then you'll be down money for expenses (work, medical, taxis etc.) and most importantly your own time. I am speaking from experience here, don't be fooled by the flash solicitor who will make you feel like your case is a sure bet. They'll drag it out over a long number of months, and at the end of the day win or loose they still get paid. Solicitors offering a no win no fee should be avoided as they are a complete scam. These days there are allot of unscrupulous solicitors out there, looking to make money out of every accident. There advice usually only has there own interest at heart.

I hope you recover soon and can get back to work. It's a horrible thing to be involved in any accident. Allot of previous posters here have spewed out some amazing bull advice, take everything you hear with a pinch of salt.

codie

blondie990 wrote: »

OP, I agree with cdaly. In relation to the gardai, I would try to get that information and the attending garda's name asap, today if possible, because unfortunately with the way gardai work, their hours and different duties etc. you may find it difficult to make contact with the garda into the future.

I was involved in an accident last year and the prosecuting garda was on rest and then moved to a garda station the other side of the country and it was very nearly getting to the stage where the summons wasn't going to be served on the person that hit me but thankfully in the end it got sorted. It took an awful lot of work on the part of my solicitor to track the garda down though so do try to get all of that sorted asap.

Good luck with it and let us know how you get on.

You should of got in touch with this crowd
http://www.mccarthy.ie/
Apparently they can win cases on the balance-of-probabilities

thomas98798

There is an incredulous lack of regulation among law firms in this country.
Staying on topic here, I think the op should really do his own research on this before approaching any law firm.
Best of luck.

quozl

codie wrote: »

You should of got in touch with this crowd
http://www.mccarthy.ie/
Apparently they can win cases on the balance-of-probabilities

Funnily enough, they all can. I take it you only just heard about the difference between burdens of proof required in civil and criminal cases in Ireland?

http://en.wikipedia.org/wiki/Legal_burden_of_proof

Dermot Illogical

quozl wrote: »

Funnily enough, they all can. I take it you only just heard about the difference between burdens of proof required in civil and criminal cases in Ireland?

http://en.wikipedia.org/wiki/Legal_burden_of_proof

Now now! Don't be bringing facts into it, ok?

dastardly00

thomas98798 wrote: »

Hate to break the bad news to you but from past experience you haven't a leg to stand on.

If the driver is offering to cover medical bills or to even assist then grab it with both hands. If this ends up being dragged through courts, and you end up loosing the case, which I feel is highly probable, then you'll be down money for expenses (work, medical, taxis etc.) and most importantly your own time. I am speaking from experience here, don't be fooled by the flash solicitor who will make you feel like your case is a sure bet. They'll drag it out over a long number of months, and at the end of the day win or loose they still get paid. Solicitors offering a no win no fee should be avoided as they are a complete scam. These days there are allot of unscrupulous solicitors out there, looking to make money out of every accident. There advice usually only has there own interest at heart.

I hope you recover soon and can get back to work. It's a horrible thing to be involved in any accident. Allot of previous posters here have spewed out some amazing bull advice, take everything you hear with a pinch of salt.

Can you elaborate as to why it's highly probable that the OP would lose in court?

average_runner

codie wrote: »

OP says the story they had given the guards was that they had pulled in to let the daughter get out.I know op doesn't agree but unless he can prove they were in a line of traffic it's not looking good.

Well you cant undertake a car if its pulled in!!! So think OP is ok here

codie

average_runner wrote: »

Well you cant undertake a car if its pulled in!!! So think OP is ok here

You can try. These things happen in a split .lapse of concentration.The guards can only go on the evidence they have and that is as we know the woman said she was pulling in and the op said she was in a line of traffic.Is the woman telling porkies.You have to give her the benefit of the doubt. I would agree with thomas98798

quozl I think you need a break from that tv.Who said anything about criminal cases.

average_runner

codie wrote: »

You can try. These things happen in a split .lapse of concentration.The guards can only go on the evidence they have and that is as we know the woman said she was pulling in and the op said she was in a line of traffic.Is the woman telling porkies.You have to give her the benefit of the doubt. I would agree with thomas98798

quozl I think you need a break from that tv.Who said anything about criminal cases.

Well if she was pulling in, she didnt check her mirrors or look over her shoulder, so she is at fault.

No matter what way you look at it, either she didnt pull in fully, didnt haven't hazard lights on, didnt check mirrors getting out of car.

OP did nothing wrong. Who mentioned Criminal cases?

Dermot Illogical

codie wrote: »

You can try. These things happen in a split .lapse of concentration.The guards can only go on the evidence they have and that is as we know the woman said she was pulling in and the op said she was in a line of traffic.Is the woman telling porkies.You have to give her the benefit of the doubt. I would agree with thomas98798

quozl I think you need a break from that tv.Who said anything about criminal cases.

You know the guards are there for potential prosecutions under the Road Traffic Acts, right? And are required to investigate as there has been an injury.

They have nothing to do with insurance claims and civil cases. I didn't get the impression that the OP is seeking a prosecution, so all he needs from the Garda is the driver's name, address and insurance details.

No need to be over complicating things. Claim off the policy. See how it goes. Decide then whether legal escalation is required.

Dcully

Nothing more to add that wasnt said already, I just hope you recover well,take care!

codie

average_runner wrote: »

Well if she was pulling in, she didnt check her mirrors or look over her shoulder, so she is at fault.

No matter what way you look at it, either she didnt pull in fully, didnt haven't hazard lights on, didnt check mirrors getting out of car.

OP did nothing wrong. Who mentioned Criminal cases?

We can all speculate till the cows come home.

average_runner

codie wrote: »

We can all speculate till the cows come home.

Thats what you done. But you still to answer the question how someone can get hit by the car door of stationary car pulled in correctly on the left handside?

No Pants

Dermot Illogical wrote: »

You'd love it! They would prove, in 45 minutes, that it isn't possible to cycle up the inside of a car that is "pulled in". They would look fantastic while doing so, and it wouldn't be raining. Blood-splatter analysis and vehicle forensics would play major roles.

All done while wearing sunglasses in a facility that has lost it's lighting budget.

Seriously, I'm surprised that all their evidence isn't, "I don't know, it was dark."

happytramp

codie wrote: »

We can all speculate till the cows come home.

Yes, but it seems like you've already decided that the cyclist is in the wrong here. Lets be 100% honest, there is very little if any chance that the cyclist tried to cycle through a non-existent space between a pulled in car and the kerb. You may argue that he might have, but he probably did not. As in, the likely hood of attempting to do that at such a speed as to break one's collarbone is extremely unlikely and most people who were not actively looking for a reason to excuse the motorist would agree (i'm not implying you are though)

thomas98798

I think the OP should really be wary of certain advice. Some posters seem to think that the drivers 3rd party car insurance will cover the pay out in this scenario. I am not providing the OP with advice just sharing my thoughts and opinion.

I can assure you that the drivers third party insurance WILL NOT cover the op. In this case the passenger was the person (going by op account) who caused the accident, not the driver. Why would the driver be responsible. In this case the driver has offered to help with medical bills, unbelievable, she has no liability but she is willing to help, as i said in my previous post grab is with both hands.

Lets look at this from the insurance companies pov, and use this short example.
A driver pulls up on the side of a road to let a passenger out of their car. On getting out of the car the passenger slips on ice causing them to break their ankle. Do you think in this situation the insurance company would pay out??? absolutely not. The passengers accident was caused by their own wrong doing, they were careless in how they acted, hence insurance company does not pay out.

In this case the passenger was careless in how they opened their door, with a cyclist approaching. If you really wanted to take legal action, it would have to be against the passenger. It would be a civil action, injuries assessed by the PIAB and then you would seek these damages from the passenger. Very messy i think. Form the original post the op states that it was a mother and daughter. This case in my eyes if you were to pursue it would prob just end up costing you money and time.

Think of it this way, lets imagine you get a solicitor. You decide to sue the passenger here for damages (why not, your entitled to). The PIAB assess it, and gives you a piece of paper with a figure on it stating you are entitled to seek these damages from Ms. X. You bring your case to court. Ms. X if she is unemployed or has little or no means is entitled to legal aid (she has no worries about big legal bills). The case is heard and given that the court are reasonable people, you win your case. Great, what now.....well you'll get a decree against Ms. X stating amount owed. If she cant pay, then you will have to seek a judgement against her, this will be valid for 6 years. In this period of time if Ms. X wins lotto, gets inheritance, or well paid job etc. you will get your payment.

Tbh if you have the money and time to spare go for it. If it were me i would take the money being offered for medical bills before she logs onto boards.


******NONE OF THE ABOVE INFORMATION IS LEGAL ADVICE, AND SHOULD NOT BE CONSTITUTED AS SUCH. THIS IS JUST THE GENERAL OPINION OF AN INDIVIDUAL**********

romperstomper

IF the OP doesn't want to prosecute (that may change), then the guards have nothing to do with this case AFAIK.

OP, did you get the insurance details from the driver? i can't see you calling into the station and the guards just 'giving' them to you.

Dermot Illogical

romperstomper wrote: »

OP, did you get the insurance details from the driver? i can't see you calling into the station and the guards just 'giving' them to you.

That's precisely what will happen. He's entitled to them by law, and one of the garda functions is to make sure the insurance details (as well as name & address) are exchanged. It's normal.

codie

average_runner wrote: »

Thats what you done. But you still to answer the question how someone can get hit by the car door of stationary car pulled in correctly on the left handside?

Jesus lads can someone point out where did I speculate.Read the op.The fact of the matter is
Cyclist got knocked down , injured and left the scene.
Op states lady told guards she was pulling in.
Op told guards she was in a line of traffic.
Who do we believe the op because he is a fellow cyclist.Will the guards say op must be right because he is a cyclist?
I am not 100 % behind the lady driver ,I am totally neutral based on the facts that I read in the op .
I didn't speculate anywhere.I wish the op all the best and a speedy recovery.

The Muppet

A big part or being a road user is observation and pre empting other road user actions, cycling up the inside of stationary vehicles too quickly to stop if a car door opens is not very smart and must place some of the blame on the op for this accident.

I hope the op makes a speedy recovery , I had a similar accident in the past and its a painful experience.

Dermot Illogical

thomas98798 wrote: »

Tbh if you have the money and time to spare go for it. If it were me i would take the money being offered for medical bills before she logs onto boards.


******NONE OF THE ABOVE INFORMATION IS LEGAL ADVICE, AND SHOULD NOT BE CONSTITUTED AS SUCH. THIS IS JUST THE GENERAL OPINION OF AN INDIVIDUAL**********

This is some of the worst advice I've ever seen. The last statement is just about the only accurate thing in there.

If the OP wants to take part-payment or whatever from the driver, he'd better be sure he's ok with that being the end of it as it will probably be seen as a full & final settlement.

I haven't quoted the fantasy stuff from the start of your post, but a little research will show that a driver's policy covers damage caused by their passengers. If you have a policy of your own you could read it yourself.

Or here.
http://www.boards.ie/vbulletin/showthread.php?t=2056886438

average_runner

codie wrote: »

Jesus lads can someone point out where did I speculate.Read the op.The fact of the matter is
Cyclist got knocked down , injured and left the scene.
Op states lady told guards she was pulling in.
Op told guards she was in a line of traffic.
Who do we believe the op because he is a fellow cyclist.Will the guards say op must be right because he is a cyclist?
I am not 100 % behind the lady driver ,I am totally neutral based on the facts that I read in the op .
I didn't speculate anywhere.I wish the op all the best and a speedy recovery.

I ain't on either side, but if you read the OP post again, he said the lady driver told the garda that she was pulled in.

If she was pulling in, it be more clear cut as she would be clearly in the wrong for not checking mirrors and her blind spot.

codie

average_runner wrote: »

I ain't on either side, but if you read the OP post again, he said the lady driver told the garda that she was pulled in.

If she was pulling in, it be more clear cut as she would be clearly in the wrong for not checking mirrors and her blind spot.

pulled in or pulling in.Unless they have witnesses it's his word against hers .

average_runner

codie wrote: »

pulled in or pulling in.Unless they have witnesses it's his word against hers .

And no matter which one it is, she is in the wrong because:
1) She didnt check her mirrors or blind spot when pulling in?
2) Didnt pull into the kerb correctly.

So she has technically blamed herself