How to claim compensation for whiplash & vehicle damage if a driver opens a car door into the path of an oncoming vehicle and the driver then attempts to deny responsibility for the accident
Road Traffic accident victim question
I was driving down a narrow road in Ashton in Preston with my wife as a front seat passenger. The speed limit was approximately 30 mph but as there were cars parked either side I was driving cautiously at approximately 10mph.
All of a sudden one of the parked cars driver’s door opened such that there was no time to react. The door collided with my car collided at the near side wing with the door and my wife was jolted forward banging her head on the dashboard.
I jumped out of the car and spoke to the chap who had opened the door. He immediately started to say that it was not his fault.
We were however opposite some small shops where people were entering and exiting, so I went over and asked if anyone had seen what had happened. A couple of witnesses came forward who could verify that the chap opened the door without looking and giving me no time to react.
I took the registration number and details of the driver together with the names and addresses of the witnesses.
My front wing was badly crushed and scraped and as we drove away my wife started to complain of a pain in her neck. I drove to a local garage and caught a taxi with my wife to hospital where x-rays were taken and she was diagnosed with minor whiplash.
Can I claim compensation for my vehicle damage and can my wife claim compensation for her whiplash?
Road traffic accident solicitor response
The circumstances surrounding collisions involving cars opening doors can often be difficult to prove. You have however obtained independent witness evidence and I therefore believe you will be able to establish that the driver who opened the car door as your vehicle was passing is responsible.
You were clearly travelling well within the speed limit and there was nothing further that you could do to avoid a collision.
You can either claim on your own insurance for your vehicle damage and request that your insurer recoup the monies back from the other driver or alternatively a claim can be made direct against the driver and /or his motor insurance company.
Your wife would also be entitled to a claim for her injuries including her whiplash. You mentioned that she banged her head so the issue of whether she was suffering any concussion symptoms or has any bruising etc. would be also be examined.
Access to the hospital notes for verification of your wife’s injuries can be obtained by a RTA solicitor to prove that the accident caused your wife’s injuries.
Discuss your whiplash claim with a specialist solicitor
If you would like to use a specialist road traffic accident solicitor to claim for vehicle damage and whiplash click car whiplash claim lawyer.
