I am writing to display my strong indignant at what i perceive as unreasonable actions by another motorist and an unfair guideline in the "Barometer of Liability assessment", specifically the clause which seems to state that the party whose car door is open is liable and at fault in ALL situations! This is true even if the other party is negligent and did not do her due diligence!!!
On 01 Nov 2010 around 10:30pm, my car was parked at Vivocity B2, within the PARKING LOT, nearest the kopitiam foodcourt side entrance (from carpark to food court). I was busy loading groceries and pram into the boot while my wife was belting up my 2.5 years toddler and my 3 months infant.
Both of us were initially NOT in the car (drivers seat and passenger seat), the engine was OFF, the car was STATIONARY. The other party's car was parked next to the right of our car. Behind us and to the right was the walkway for shoppers (that is, not parked in the middle of the carpark lots but parked at the SIDE of the carpark.) There was NOBODY in the other car when we were loading our groceries and the kids.
The other party acknowledged verbally then, that she saw us packing and loading groceries and the kids into the car when she was walking towards her car.
After my wife was done with the kids, she proceeded to get into the car (right, passenger door), which means that you have to open the door to get in.
Shortly after she got into the passenger seat (about a few seconds) before she could proceed to close the door, the other car moved off.
Our door got caught in the other car's left rear side and it resulted in a dent in the other car's left passenger door and our door being misaligned. (can only close with brute force).
Imagine my indignation when the other driver got out and the first thing she exclaimed was "I have already arranged with my workshop to respray my car tomorrow morning, how to do that now?" Where is the basic human conscience to check first if anyone was INJURED?
She then proceeded to point the finger at us, accusing us of not closing the door hence resulting in the damage to her car. She also further accused us of not hearing her starting the engine, implying its our fault. She event hinted to me that "she has all the time in the world if i want to pursue this". What the??
The accident reporting center staff told me that the motor framework (whatever that is, cannot find the details on the web) states that the party whose car door is open, is at fault and liable! Imagine my SHOCK and INDIGNATION!!!
May i ask, should one not EXPECT OPEN DOORS in a CARPARK, where it is COMMON for people to get on and off a car ALL THE TIME?
Is it not TAUGHT in the driving schools (theory) that one should always CHECK BLINDSPOTS and the surrounding BEFORE MOVING OFF?
Unless you are telling me that what the driving schools taught (which is approved and PRE-REQUSITE to pass the theory test to obtain a driver's license) is WRONG?
The issue SHOULD NOT be whether the door is open or not. Rather, it SHOULD BE that the driver moving off should CHECK and ENSURE that all is CLEAR BEFORE moving off. What are SIDE mirrors and REAR mirrors for? To beautify the car?
Worst she told me this morning (02 Nov 2010) that her insurance company (nippontoa) told her that the car which have the door open is at fault and that she will be claiming against my insurance! Does it mean that if the door is replaced with a HUMAN BEING, a person and the person was INJURED, then its HER FAULT. If it is a door, a non-living thing, than it is not HER FAULT? Imagine what would happen if my wife got in a few seconds later, she would have been INJURED!
The crux (main point) of the issue here is that she SHOULD HAVE CHECKED and ENSURED that all is CLEAR BEFORE moving off, irregardless of whether there is a door or person standing at the side!!! She has clearly NEGLECTED to do her DUE DILIGENCE before driving off, especially when she already knew there are people by the side of her car!!!
I am seriously PISSED OFF.
This is open to abuse, just think, if i wanna repair / repaint my car for free, i will go into a carpark, see whoever has the door open and just back into the door?
I can understand if the rule applies when one is on the road but in a carpark too? Seriously?? Why do we not tailgate? Because the onus is on the driver to take precaution, do their due diligence! Her NEGLIGENCE has caused this incident and she has the cheek to claim insurance against me somemore?
Seriously, this guide has to be reviewed!!
Sorry to hear about that bro, but check with yr insurance company and see what can be done. Or you can deny the accident and make it a 50-50 case.
Insurance company will not investigate too. I learnt it the hardf way. i just got a bill for $4900 for a change of bumper(vios).
Wondering if i should pursue the matter. Anyway good luck to you, and update us on yr situation.