Other driver at fault - but insurance company settling in their favour

tonycottee

About six weeks ago my wife was parked in a residential area, strapping our son in to his seat with the rear (road-side) door open. A car was parked directly behind her (on a corner with double yellow lines). He pulled out and caught her car door. Her car door had to be completely replaced and he had a large scratch from the centre of his car through to the rear.
He had a go at my wife and claimed she had flung open her door, when clearly she hadn't. The only way to fling open the rear door would be from the inside and 1) my 1 year old son was sitting there and 2) the car's childlocks were on.
We received a letter from our insurance company today saying that because of where the damage starts to his vehicle (the side and not the front), my wife would be held totally reponsible.
But surely if he pulled out from an angle though, it would be more than possible for the damage to start there?
When my wife phoned them today, they said the only way they could dispute it would be to take it to court and they aren't willing to do this.

We're obviously annoyed that my wife will lose her NCB but the worst part is he drove into her and we have to pay it.

My question is simple - Are we stuffed?

Trebor16

If you are unhappy with the response from the insurance company then you will have to go through their complaints process and fully exhaust it before going on to the next stage.

Strider590

tonycottee wrote: »

We received a letter from our insurance company today saying that because of where the damage starts to his vehicle (the side and not the front), my wife would be held totally reponsible.

That's stupid, it's assuming he was travelling in a dead straight line.....

I don't know about "fault" or "blame", but doesn't the highway code say something about giving enough space or not driving within the door zone of other vehicles???

neilmcl

Strider590 wrote: »

That's stupid, it's assuming he was travelling in a dead straight line.....

Well unless he had rear wheel steering then if the front half of his car cleared the door then the rest of his car would have, unless as the insurance co. believes, the door was opened onto his car.

OP, have you considered that your wife may have pushed the door further open as he drove past.

tonycottee

neilmcl wrote: »

Well unless he had rear wheel steering then if the front half of his car cleared the door then the rest of his car would have, unless as the insurance co. believes, the door was opened onto his car.

OP, have you considered that your wife may have pushed the door further open as he drove past.

Thanks for the replies so far. Of course I only have my wife's version of events but she's always very honest with me. She said that the door had been fully open when he hit the door.

tonycottee

neilmcl wrote: »

Well unless he had rear wheel steering then if the front half of his car cleared the door then the rest of his car would have, unless as the insurance co. believes, the door was opened onto his car.

The road was fairly narrow, so if he had continued on at the angle he was pulling out at at he would have mounted the pavement. We think he just wasn't paying attention and straightened up and that's why that part of the car hit my wife's door.

neilmcl

tonycottee wrote: »

The road was fairly narrow, so if he had continued on at the angle he was pulling out at at he would have mounted the pavement. We think he just wasn't paying attention and straightened up and that's why that part of the car hit my wife's door.

Could explain it.