car insurance NIGHTMARE!

toriom123

Hi just wondered if anybody had any advice for me!
My car was hit by a taxi driver last april, I was driving up my street and he opened his car door onto my vehicle. He was very rude at the time and was trying to blame me for the accident. He stated at the time he did not have car insurance as he had just bought the car to use as a taxi vehicle. In my sheer shock I drove home and rang my husband who advised me to go to the police which I did. They proceeded to investigate this, as it turns out he managed to swindle some insurance somehow, I now know he went on a traders policy for the company he works for. So angry as he obviously wasnt covered when he hit me. Anyway to cut a long thread short ha! He evaded my insurers twice by giving the wrong address and they have been struggling to get in touch with him. Eventually last october I took matters into my own hands and contacted his boss and his insurance company directly who told me they were waiting to hear from my insurance company, I contacted churchill who I am insured with and gave them these details.
Still haven't heard much and its now nearly april again, got an insurance renewal quote on Saturday and its over double what I paid last year and they have stripped me off nearly all my no claims discount, they tell me this is because its still not sorted out, even tho they are holding him liable for the accident!!
I spoke to the taxi drivers insurance company today who told me the case had been closed as they presumed the accident was my fault and he did not claim as his excess is £500!! I told them I was angry and unhappy about this and its needs sorting out and he informed me he will get back to me!!!
Really dont know what to do as I have a small baby and I work so I need my car so I will have to pay this ridiculous insurance premium!! Really dont know whether to take any legal advice??
Sorry this is such a long thread but any advice would be appreciated. Thanks

lisyloo

Have you complained to your insurers yet.
This has been nearly a year??
I would put in a formal complaint via their formal procedure and send the letter recorded delivery so you can be sure they get it (extra 74p I think).
If you can make a complaint over the phone then get the name of the person, date and time (in case you need to ask for a recording in future).

vaio

I thought the general rule was that if you hit the door of a parked car then it's your fault for driving to close.

This applies even if the door opens when you are passing it. I guess there might be exceptions to this rule that apply in your case but I suspect you'll have an up hill battle on your hands as by the sound of it your insurance company don't seem interested in pursuing it.

If you are sure of your ground you could DIY via MCOL

toriom123

thanks for all your replies. Yeah did have legal expenses cover and they are contacting their solicitors now apparently as they have had no response from his insurance company. As for the general rule of hitting his parked car, there were cars parked either side of the road so I had no choice but to drive up the middle of the road as there are car garages at the top of my street and he opened his door as I was driving past this is his fault for not looking!!!!!!!!! I could accept it was my fault if I hit his car if his door had already been open but if this had been the case I would have took the whole of his door off!! Surely if you hit a cyclist that was passing that would be the stationery cars fault. Plus my insurance company are putting him at fault. What does DIY via MCOL mean?????

vaio

do it yourself via money claim on line

A quick google comes up with http://www.trafficaccidentadvice.co.uk/collision-with-open-car-door-who-responsible.html

http://answers.yahoo.com/question/index?qid=20080721135653AASlvzm

http://www.rac.co.uk/forum/showthread.php?8348-Wing-mirror-hit-a-parked-car-s-Open-Rear-door

nothing firm which inclines me to my earlier thought that without witnesses it's going nowhere as far as your insurance company are concerned.

TonyMMM

vaio wrote: »

I thought the general rule was that if you hit the door of a parked car then it's your fault for driving to close.

Incorrect - it is actually an offence to "Open a car door to the danger of other road users"

vaio

Yep, and it's also an offence to hit parked cars because you are driving too close.

The problem comes in deciding whose fault it is, parked car says the door was open and moving car hit it because they were too close, moving car says the door opened into his path. In the absence of independent witnesses I'd be surprised if any insurance company would fight it.

toriom123

Yep and its also an offence to drive without car insurance! As for the whole driving to close to his car, if cars are parked both sides of the road what exactly are you supposed to do?? As for an insurance company fighting it why pay your car insurance then!!! Agh gets me soooo mad!!!

societys_child

vaio wrote: »

I thought the general rule was that if you hit the door of a parked car then it's your fault for driving to close.

You thought wrong

Yep, and it's also an offence to hit parked cars because you are driving too close.

Er .. some halfwit flung the door open as they were passing.

sheesh

patman99

Taxi drivers are a law unto themselves anyway. I tried to get a job as a cabbie, but failed the test. Apparently I failed because 'I stopped at a red traffic signal, failed to exceed the speed limit and waited till the road was clear before overtaking a slower vehicle'.

no-oneknowsme

Wow...a lot of people on here make sweeping insults about cabbies!