Vehicle collision in private driveway - Who's fault?

Motorhome_Man

This happened yesterday.

My motorhome was parked in our private driveway (which is alongside our neighbours) while we were getting ready to go on a trip. The side (habitation) door was open while we were going in and out loading the vehicle up with our food, etc. The side steps are also sticking out from the side of the vehicle as they have to be used to climb in and out of the vehicle.

Our neighbour returned to drive into her parking space and while passing our parked vehicle (which she had passed numerous times and had been parked in the same position for the previous 5 weeks) managed to hit the open door causing damage to her own car. The motorhome has hidden damage to the habitation door and hinges that has not yet been assessed by our dealer.

Both the door and the steps that stick out approximately 18" had been open a considerable time (many minutes before our neighbour arrived at the scene). I am quite often in or around the vehicle doing odd jobs etc so the neighbour is normally aware of the door and steps being open and has managed to avoid them on numerous occasions since we bought the vehicle in 7 months ago.

The frosty response (perhaps from guilt and/or anger from the neighbour and myself) means not much has been said but insurance details have been exchanged. The neighbour was on the phone to her insurers within minutes but has now gone on holiday for a week. I will obviously need to inform my insurance company tomorrow.

Can anyone give me advice on who's fault this is likely to be? And what sort of approach to this should be made by me?

Frank_Force

My initial reaction is that people who hit stationary objects are generally in the wrong.

vax2002

The moving vehicle is 100% liable

mikey72

I would expect her insurers to pay for all damages to your motorhome.
Leave it to the insurance companies to sort out.

Quentin

Motorhome_Man wrote: »

...The frosty response (perhaps from guilt and/or anger from the neighbour and myself) means not much has been said but insurance details have been exchanged. ..........

Can anyone give me advice on who's fault this is likely to be? And what sort of approach to this should be made by me?

The "frosty" response was maybe your neighbour obeying her policy condition (insurance policies usually contain a condition saying that policyholders should not admit liability whatever the circumstances).

You do need to inform your own insurer of the incident, but if you wish you could claim directly against the neighbour's insurer.

If you intend to do this, then tell your insurer you are just reporting the incident for information only.

colino

I agree with Quentins advice above, but be prepared for the Motorhome to be written off! With their frame and sheet constuction and the skills required to mend a damaged one (and keep it all square) a surprisingly large amount of campers and caravans don't even make it to the repair shop.

Flyboy152

Frank_Force wrote: »

My initial reaction is that people who hit stationary objects are generally in the wrong.

Not a very good generalisation, especially when it comes to vehicle doors.

Flyboy152

Quentin wrote: »

The "frosty" response was maybe your neighbour obeying her policy condition (insurance policies usually contain a condition saying that policyholders should not admit liability whatever the circumstances).

You do need to inform your own insurer of the incident, but if you wish you could claim directly against the neighbour's insurer.

If you intend to do this, then tell your insurer you are just reporting the incident for information only.

Unless the neighbour's insurers, quite rightly so, contest the claim. The fault may not be as cut and dried as it would appear.

pendulum

It is cut and dried IF she tells the truth and admits she hit the open door which was open all along.
If she says the door was opened in to her path, just as she was pulling in to the space, then it's a different story.

Flyboy152

pendulum wrote: »

It is cut and dried IF she tells the truth and admits she hit the open door which was open all along.
If she says the door was opened in to her path, just as she was pulling in to the space, then it's a different story.

Which is why I suggested that it wasn't as cut and dried as it might appear. Some have suggested that the moving car is always at fault, when that is not true at all, especially when it comes to vehicle doors.

Quentin

Flyboy152 wrote: »

Unless the neighbour's insurers, quite rightly so, contest the claim. The fault may not be as cut and dried as it would appear.

When you report an incident to your insurer "for information only" that doesn't stop you from later going back to them and making it a claim should a liability dispute arise (or any other problem getting the third party to pay the costs).