Who is liable...?

[joshwa]

Well, I've gone with the simplest solution...

I've replaced the door with one from a scrapyard, I found the exact same colour car on ebay for scrap, went and picked up the door today, and swapped it over this evening

It was a bit expensive (£160) - but I got the door, with electric window, speaker, etc - so it was simply a case of taking off the doorcard and swapping the doors over... (I'm really chuffed )

On the subject of the van... there was no damage whatsoever to their van. They didn't indicate. They were on double yellow lines on the wrong side of the road, and the road my wife was coming from has give way lines painted on the road. As far as my wife is concerned it was a parked car, and the next thing she knew, it drove into her... but how anyone would go about prooving this without photographs at the scene, or cctv is beyond me

[staffsMike]

but how anyone would go about prooving this without photographs at the scene, or cctv is beyond me

Stallions head?

[joshwa]

Stallions head?

I don't get it?

pic below of the new door



(back windows have sunshades)

shall I keep the old door as "evidence" ?

[staffsMike]

Like it the godfather when the guy wakes up with his stallions head cut off in his bed...

..nevermind

A stupid joke about threatening the driver (not to be taken seriously of course)

[joshwa]

Yeah I think insurance (in my opinion) is just such a big con - it cost me £160 to fix the car - some one quoted me over £1k to get the same end result (going through insurance) - and it's the law that you have to have it - so where's the competitiveness in that?

[badass]

Good move IMO and although it;s clearly the van drivers fault, you're probabl just saved yourself a lot of time, effort and money
I'm sure there's some sort of lesson to be learn't here - I just can't for the life of me work out what it is.

[BUFF]

so Parking on yellow lines is not illegally parked?

not necessarily - depends on the precise restricttions in force.

[Butcher]

not necessarily - depends on the precise restricttions in force.

As per highway code:

You MUST NOT wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone) – see 'Information signs' and 'Road markings'. Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs.

[Agent]

Unless you have a disability badge

[Koolpc]

Looks to me as the Van was in the wrong. Anyway, that new door looks really dark compared to the other door etc. (Only kidding!!)

You were lucky to find an exact match. Nice job.

[Saracen]

not necessarily - depends on the precise restricttions in force.

As per highway code:

You MUST NOT wait or park on yellow lines during the times of operation shown on nearby time plates (or zone entry signs if in a Controlled Parking Zone) – see 'Information signs' and 'Road markings'. Double yellow lines indicate a prohibition of waiting at any time even if there are no upright signs.

Read the rest of the Highway Code, specifically the bit about loading and unloading.

Do not load or unload where there are yellow markings on the kerb and upright signs advise restrictions are in place (see 'Road markings'). This may be permitted where parking is otherwise restricted. On red routes, specially marked and signed bays indicate where and when loading and unloading is permitted.

Buff is spot on. You CAN park on both single and double yellow lines, if loading or unloading for instance, for certain periods, unless there are additional kerbside restrictions prohibiting it. Road Traffic Regulation Act 1984 S 5 & 8. Parking generally, as opposed to loading and unloading, are treated slightly differently, and often, what's permitted and what is not is determined by local regulations (traffic orders) which is what the RTRA 1984 says it is an offence to contravene.

So, you can 'park' to load and unload (certainly, commercial vehicles usually can) on single or double yellow lines, within local restrictions, but those restrictions might prohibit it entirely or restrict hours and/or stopping times (often, with varying times for varying classes or vehicle) as indicated by additional kerbside markings or signs.

In other words, from the description, that van may well have been entirely legal to be parked on yellow lines if yellow lines is all the markings there are at that spot. The spot would have to be inspected to be sure.

As for the basic question of liability, I'd argue that what can be proven is actually more relevant than theoretical liability, and on that basis, good luck joshwa.