Car Insurance Claim - No Fault?

officerwubble

Hi, I've been directed here from another forum for some advice.

To summarise, I was driving on local road early Friday evening, cars parked either side but enough room for 2 vehicles to pass. I suddenly heard an almighty bang, pulled over to side of the road and noticed my passenger side wing had disappeared.

As I was walking back to the scene of the accident, the bloke from the other car was walking towards me. He apologised profusely, explained that he had been standing holding his drivers side door when he slipped on ice and the car door flew open into the road, hitting my car. He called the police and again explained to the police it was entirely his fault. Since no one was hurt, the police said to just exchange details etc.

I spoke to my insurers but, as I'm only covered Third party, fire and theft, they said they couldn't do anything for me and I would need to take it up with his insurers. They wouldn't speak to me until today, as I wasn't a policyholder and the dept that deals with 3rd parties only works Mon-Fri 9-5.

I have eventually managed to speak to his insurance company this morning and they have advised me that this is a 'no fault' case and I do not have a valid claim. They have made this decision without speaking to me or even seeing my car, but entirely upon what their policyholder has told them.

I should point out that the front of my car is entirely entact, the damage has occured to the side wing (which being plastic has just shattered and disappeared) and my passenger side door. This surely demonstrates that I was have not driven into his door, but his door slammed into the side of my car?

From my conversation with his insurers, I get the impression that they are now going to claim under my cover for his repairs :mad:

I have no idea what to do next, can anyone offer any advice, it really would be most gratefully received.

Thank you

McKneff

So the driver is now denying everything and blaming you.



Claims management company is the only way now.

Its good that you have a witness (the police) that he admitted fault in front of them.

Yellow Pages or google it.

Good luck.

PNPSUKNET

plastic......what type of car is it

officerwubble

Thank you for the replies.

Unfortunately, the admission to the police was by phone only and, now I come to think about it, I've no idea if he actually rang the police at all. I suppose he could've just been talking into his phone with no-one on the line. Sounds cynical I know, but I'm beginning to question everything in light of what is happening.

I've found the number of Car Accident legal firm, I'll try them in the morning, see if I can get any assistance. I think the problem seems to be because he 'slipped' he's not actually to blame?

The car is a Renault Clio. I hadn't realised the wings were made of plastic but not that unusal these days I've now discovered.

Quentin

officerwubble wrote: »

From my conversation with his insurers, I get the impression that they are now going to claim under my cover for his repairs :mad:

I have no idea what to do next, can anyone offer any advice, it really would be most gratefully received.

You now need to report the incident in full to your insurer, in the hope that they will refuse any claim that comes in from the third party - should they make any payment to him, then you will lose any NCD you would have earned this year and go down 2 years from any NCD you had at the start of the insurance year.

officerwubble

Thank you Quentin. This is what is sending me over the edge! It seems that, not only am I going to end up out of pocket with regards to the cost of repairing my car, my insurance premiums are going to be affected as well. And this is due to no fault of my own. It makes a mockery of the whole thing.

Perhaps I'm just naive, but it seems that if you play by the rules you get stung in every direction.

I've spoken to one of these accident claims groups this morning, they seem interested in taking this on, so I'm crossing my fingers. I think it might help that the other bloke was parked on double yellow lines?

Quentin

If a claim managment company takes it on then good news (if they get 100% of your costs back off the third party, then your own NCD will be unaffected).

But don't rely too much on the car being parked on the double yellows. (You still can't use that as an excuse for hitting him!)

officerwubble

Thanks Quentin, but I most definitely did not hit him:eek:

His car door hit the side of my vehicle. The front of my car is totally undamaged, headlights/bumper still completely entact. Clearly I didn't drive into his door, it was other was around.

Quentin

I understand you didn't hit him, but thought that was his insurers case against you??

officerwubble

Ah, sorry Quentin, I see.

No, it's not that. They're claiming it's a no fault case, as he slipped. At least I think that's their stance for stating it's no fault.

They basically said because the door was already open (so he states) but he then slipped which caused him to push the door into my car, it's not his fault. They obviously acknowledge that it's not my fault either, but that won't stop them going for a 50/50 settlement. Which, in my case, means I get nowt as I'm only 3rd party, F&F.

It makes no sense to me to be honest, but that's what they're saying.

This accident claims company have now passed on the case to their solicitors, so it looks like they're happy they've got a case. I've explained to them everything that happened, sent photos of the damage to my car and images of the road where the incident occured. They have said I allowed enough clearance to pass his car, bearing in mind the width of the road and the oncoming traffic. If I had tried to leave anymore clearance space, I would have been on the wrong side of the road, which effectively makes the road a one way street. This is a bus route by the way, those double yellows are there for a reason. There are parking bays on the other side of the road and parking bays further up the street beside the shops which he must have passed to park where he did.

After the incident occured, his car door wouldn't close completely. At that point he decided it might be a good idea to move his car nearer the kerb to stop any further passing vehicles from hitting the door again. Shame he didn't show me the same courtesy. I honestly could have done without all this right now.

McKneff

Like you say, the CMC wouldnt take it on if their wasnt a case that they couldnt win.

Good luck and please let us know how you get on, many posters get help on here and then dont bother coming back
to let us know if our help was of use.