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Hi, I parked my car in a parking spot. I switched off my car. I looked in my RHS mirror and saw no car coming from behind. I opened my driver door and the next minute a car came past and their mirror hit my partially open door.
Who is at fault?
From what I can see, it would not be seen as safe for the car driving along the road to have to swerve to avoid open doors- so this may count in their favour- the same can be said for cyclists passing parked cars. The NZ Road User Rule states:
Vehicles must be parked with due care and consideration. A driver or person in charge of a vehicle must not stop, stand, or park the vehicle on a road, whether attended or unattended, without due care or without reasonable consideration for other road users.
In the road user rules there is a section on ‘use of doors’ and responsibility for their safe use falls to the driver of that vehicle
Thanks for that, it can be found here: http://www.legislation.govt.nz/regulation/public/2004/0427/latest/DLM303620.html