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129 posts

Master Geek
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Topic # 190692 8-Jan-2016 22:43
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This afternoon as I remotely opened a garage door to a shared parking garage, a guy who was parked outside next to the door reversed his car and scraped the side of his car against the open door. After a heated discussion where the guy's partner and mother-in-law got involved, we decided it was best to let insurance handle this.

Would be great if I could get some opinions as to who is at fault? Pics below.

Edit: The owner of the car offered me numerous times that he would call it even if I paid him the money for repairs and he wouldn't go to his insurer. Is there any reason why he would do this? Not too familiar with car insurance, but it seemed a bit strange offer?

This is where his car was parked:



The damage to his car:



Another view of the garage door - he was parked behind the white car on the right:



Here's a view of the garage door opened - his car scrapped the door while it was open in this position:



A view of the parking bay he was in - is this considered a proper park since it doesn't have a line on the left hand side?



Thanks in advance!

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  Reply # 1466268 8-Jan-2016 22:49
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Back into something and its your fault. IME on one case where someone backed into my car at a carpark.




Richard rich.ms

dwl

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  Reply # 1466272 8-Jan-2016 23:02
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Yiou haven't stated the relative timing of the door being opened and the car reversing. If the garage door was open and stationary when he backed into it that could be important. What was the sequence?

 
 
 
 


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  Reply # 1466273 8-Jan-2016 23:06
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dwl: Yiou haven't stated the relative timing of the door being opened and the car reversing. If the garage door was open and stationary when he backed into it that could be important. What was the sequence?


The garage door was not stationary when he backed into it. Fully open the door would be at a 90 degree angle. I didn't see when he started reversing, but the door was around the 80 degree angle I'd say when the car impacted the garage door.

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  Reply # 1466274 8-Jan-2016 23:07
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It is your responsibility as the driver to make sure that the path is clear when backing. That garage door opens pretty close to the curb so there's a good chance he was going to ride the curb even if the door wasn't open. IANAL but I agree with @richms, they are at fault, tough biscuits for them.

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  Reply # 1466309 9-Jan-2016 05:34
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It looks like that left-hand space is not actually meant to be a parking space - looking at the angle of the yellow lines - and that may be so as to avoid the problem that cropped up here - the odd-opening gate is always going to affect that space.

Apart from that, as several have said above, in law, if you are reversing and sh*t happens, you automatically deemed to be in the wrong. It's up to a reversing driver to ensure everything is clear and OK.

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  Reply # 1466310 9-Jan-2016 06:09
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yeah don't sweat it, he's at fault

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  Reply # 1466323 9-Jan-2016 07:21
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It would appear the car had been incorrectly parked and blocking one of the garages. He was backing and hit a building or part there of, his problem to fix.




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  Reply # 1466325 9-Jan-2016 07:40
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eracode: It looks like that left-hand space is not actually meant to be a parking space - looking at the angle of the yellow lines - and that may be so as to avoid the problem that cropped up here - the odd-opening gate is always going to affect that space.

Apart from that, as several have said above, in law, if you are reversing and sh*t happens, you automatically deemed to be in the wrong. It's up to a reversing driver to ensure everything is clear and OK.


IANAL but I don't think you can offload all responsibility on the reversing car. There is a Disputes Tribunal case where the reverser was deemed 30% at fault and the other car driving the wrong way in a one way system 70%. At what point does a poorly designed door take some responsibility? If the car was moving forward would that transfer liability onto the person opening the door without regard for anything in its path? The curb should have been designed to protect the edge of the door.

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  Reply # 1466328 9-Jan-2016 07:57
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Bung:
eracode: It looks like that left-hand space is not actually meant to be a parking space - looking at the angle of the yellow lines - and that may be so as to avoid the problem that cropped up here - the odd-opening gate is always going to affect that space.

Apart from that, as several have said above, in law, if you are reversing and sh*t happens, you automatically deemed to be in the wrong. It's up to a reversing driver to ensure everything is clear and OK.


IANAL but I don't think you can offload all responsibility on the reversing car. There is a Disputes Tribunal case where the reverser was deemed 30% at fault and the other car driving the wrong way in a one way system 70%. At what point does a poorly designed door take some responsibility? If the car was moving forward would that transfer liability onto the person opening the door without regard for anything in its path? The curb should have been designed to protect the edge of the door.


True - I should have said prima facie/starting point is that you are at fault - there can be mitigating circs. But IANAFL either.

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  Reply # 1466329 9-Jan-2016 07:57
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I certainly wouldn't be admitting any liability. Any user of that door will push a button and unless there are clearly agreed rules about checking for reversing cars then it does not seem reasonable that the person opening that door could be held accountable.

If it was hit when the door was 80 deg open it suggests the car may also have been starting to turn back into the opening. While I have sympathy for the car owner, especially if they are paying to use that sub standard park, this is one where I think the reversing car is at fault.

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  Reply # 1466332 9-Jan-2016 08:11
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where he was parked is irrelevant, weather it is or isnt a car park is also irrelevant too

send it to insurance and let them sort it out but IMO i think the reversing driver is at fault

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  Reply # 1466338 9-Jan-2016 08:27
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I agree with the majority that the other party is at fault.

You could also point out to him that there is a sign on the other door (closest to where he was parked) that says 'no parking'.  (Probably put there to allow access to the door rather than prevent this sort of incident, but it's there all the same.)




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  Reply # 1466342 9-Jan-2016 08:35
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Thats his problem, how could traffic coming out have line of site of a reversing car.
You could argue its not a parking spot as its blocking access for the single garage door with "No Parking" on it.
He is reversing blind into a lane exiting the garage, next time he could be hitting a car instead of a garage door.
Possibly some responsibility toward the building operators as there should be a bollard or something there to avoid damage to the automatic door/gate that would also define the required clearances.



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  Reply # 1466351 9-Jan-2016 09:23
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The No Parking sign almost certainly refers to the doorway, not the carpark, I can't read the sign. The left hand carpark, which is poorly designed, is nevertheless clearly a carpark. Diagonally painted lines in that area are required to render it not a park. Having said all that, the guy reversed into an opening gate, so he is liable. The correct action to take is to let the insurance companies sort it out. Anyone could have opened that gate - don't accept any liability for anything.




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  Reply # 1466358 9-Jan-2016 09:46
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Jase2985: where he was parked is irrelevant, weather it is or isnt a car park is also irrelevant too



THIS! 

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