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Door opening: what liability in the event of an accident?

2022-10-06T09:51:53.474Z


USER RIGHTS - Every year several thousand accidents occur following the opening of a car door. Despite agreements between insurers, certain circumstances may modify the allocation of liability.


Article R.417-7 of the Highway Code prohibits any occupant of a stationary or parked vehicle from opening a door when this maneuver constitutes a danger for himself or other road users.

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If the agreements between insurers organize in principle the responsibility of the driver (IRSA) of the parked vehicle, certain circumstances can modify the allocation of responsibilities.

You will therefore be held liable if you open the door and cause an accident.

This liability will also be retained if the door was already open (or kept open) at the time of the collision.

However, the liability of the driver of the vehicle may be reduced in the event of fault on the part of the driver of the vehicle in motion (car, bicycle, scooter, motorcyclist) and in particular if he has not adopted prudent behavior towards other road users. .

This will be the case if, for example, if excessive speed is demonstrated, the absence of a light on, the use of a telephone, non-compliance with the obligatory interval with the roadway, and any behavior that may have a connection with the occurrence of the incident.

Source: lefigaro

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