saz2

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5 September 2015
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After some advice please.

I went to a busy event where parking was limited so vehicles were parked down the side of a narrow road. When passing a parked car and trailer I caught the open flap of a horse trailer (opening up and out and sticking out into the road). I didnt see the flap at all.

Vehicles had passed before me. So im unsure when the flap was opened. The flap was on a track so slid out and came loose. We managed to re-attach it and there is minimal damage. We exchanged contact details. The owner of the trailer has said there is a deep scratch which he is getting a quote for repair.

What I want to know is where do i stand legally. My trailer has some damage also and is insured. I dont feel like it is fully my responsibility as the door was opened into moving traffic on a narrow road. Can I suggest only paying a percentage of the repair costs?
 

Ditchjumper2

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17 September 2009
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If the flap was open and sticking out already and you drove into it then you would be liable as it was there to be seen and you hit it. It's the same principal as hitting a car parked on double yellow lines. Irrespective of whether it should be there or not it doesn't absolve you of responsibility. The liability aspect would fall under your motor insurance.
 
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