QLD Car Park Incident - Car Reversed into Car with Open Door?

[Carla48056]

Hi,

This might be a tricky one. Currently, the insurance companies are going back and forth.

I was parked in the daycare car park. Parked front end in. I was at the passager side front door with my 2-year-old beside me. We had the door open while unpacking her daycare bags.

A 4wd Ute started to reverse into the park beside us. Once I saw them, I had little time to close my door so I just tried to move my daughter and I safely out of the way while trying to get the driver's attention.

The driver wasn’t going fast or slow just normal speed. It’s a busy drop off time so I didn’t notice they were coming into that park until they were halfway in.

The driver saw us once we were beside their window where I was showing my hand up to stop. She stopped but had already collected my door.

She got out and was in tears when she realized my daughter and I were just there. She admitted to me that she only looked in her right mirror when reversing so didn’t see us.

I contacted my car insurance as my vehicle wasn’t drivable due to unable to close the door.

She gave her insurance details directly to my insurance and admitted fault as she was not looking properly.

2.5 months later her insurance is contacting me saying I’m at fault.

I have been asked by my insurance to write a statement about the accident.

I understand having the door open may make me liable but would this be more about reckless care and attention as she nearly hit myself and my daughter and I had no choice than to leave the door open to move safely away from the possible accident that was about to happen?

Thanks for your help.

 

[Rob Legat - SBPL]

Everything seems to count against the other driver. Sure, you had the door open but it was for a reasonable purpose and was attended. There’s a general requirement to give way while reversing, and to keep proper watch. It appears the other driver did not do that. Plus, you were parked and not in the action of opening the door.

Provide the statement as requested and ensure you include all the details including the apology.

 

[Carla48056]

Thank you Rob.

 

[Carla48056]

My insurance company is now saying I’m at fault under transport operations (road use management- road rules) regulation 2009. Part 16 rules for persons traveling in or on vehicles. S270 (3) a person must not cause a hazard to any person or vehicle by opening a door of a vehicle, leaving a door open or getting off, or out of a vehicle.

I’m not sure if I should fight it further. I think these rules more apply if you have left it unattended, opened or getting out as a car is reversing.

What're others' thoughts?

 

[Rob Legat - SBPL]

I’d say your insurer is making an incorrect assessment, at least based on the circumstances you’ve related. To my understanding, the section (actually 269, not 270) relates to the opening of a door into someone’s existing path, or failing to reasonably close it. Neither of those things apparently happened here.

You were removing bags from the car; a reasonable purpose. You apparently only had enough time to get yourself and your child out of the road - also reasonable.

In other words, I suggest your insurer is being unreasonable.

 

[Zerojay]

I agree with Rob. I cannot understand how the insurance companies can determine you have breached s269 but ignore the breach of s296 by the other lady who clearly did not reverse when it was safe to do so and did not keep a proper lookout. There is an onus on you to check if a vehicle is about to enter the bay before opening your door, but if there is not, then you only did what was reasonable and practical in the circumstances.

I do not give legal advice, just my opinion based on working for an insurance company for over 20 years.

 

[Carla48056]

Thank you Rob and Zerojay. You are correct it is section 269 and I’ll be sure to point this out to them.

However they have said they do acknowledge some of the other drivers responsibility as they put it “In this case as we feel the other driver contributed towards the accident by reversing without due care (also admitted this at scene) and as we have already waived your insurance excess, we will not be reinstating it. Please note this is an exception to the rule as otherwise our normal disclaimer of “should we later determine that the other party is not fully liable for the incident, your excess may be payable” would otherwise apply. This claim will not affect your Rating 1 for life.”

Wondering if should leave sleeping dogs be or if sometime later this could sting me for not making it right.

 

[Zerojay]

I am reading that they are saying- regardless of the outcome of their argument about fault with the other insurer, you will not have to pay an excess, and this claim will not affect your rating and therefore will not affect future premiums.

Best outcome you could hope for has been guaranteed in writing so I would leave it as is.

 

[Carla48056]

Thank you.

Still feels wrong but not worth the stress of it is not going to change anything.

Thanks again Rob and Zerojay for all the support and advice