Thoughts on an accident...

chib

Today my partner visited a local hospital, as she was reversing into a parking space one of the cars parked next to her opened a door and my partner reversed into it (Passenger in the third party car).

My partner is determined the coast was clear as she was reversing into the space, however the third party isn't happy and is arguing that the door was already open when my partner reversed in.

My car has a slightly damaged rear bumper, but the third party car the door wouldn't close. My partner had an appointment at the hospital - details were exchanged and my partner went on.

Now - who is at blame? There are no cameras nearby so I'm assuming the insurance won't favour either party?

The reason I ask is that I have a £500 insurance excess but I could replace my bumper for about £100. Should I call my insurance anyways, if it is found to be unfavoured to any party I could not go ahead with the claim?

Unsure of the right thing to do.

Regards, Chib.

Sgt_Pepper_2

Tell your insurance, you have to. One would bet there may already be a claim against you.

chib

Okay, I'm calling them now - but going to make them aware that I'm expecting for her insurance to pick up the repair of my car as I believe I'm not at fault.

This way, I'm not agreeing to claim on my own insurance and not accepting liability.

CrazyRatLady_2

Well personally I would say that just because the space was supposedly clear when she started reversing doesn't mean she shouldn't have kept paying attention to what was happening behind her as she reversed ie. seen the door being opened and managed to stop in time. No different really to driving down a road and someone pulling out from a parking space - the road was clear, now it isn't so you stop.

I do feel for your other half as it was pretty silly of the person in the other car to open the door, however as your OH hit the door and the damage is to your bumper it's clear she hit them (as opposed to the door having been opened onto your car as it were).

I'd guess it would go down as a fault claim on your (her) part, but there's a chance you may be able to argue 50/50.

Tobster86

What vehicles were you both in?

This is a scenario that may be cheaper for both of you to sort out privately depending on the cost of repairing each vehicle (e.g. for 10+ year old cars you can easily get entire replacement doors, 2nd hand but equivalent condition, for about £50. Fitting shouldn't be more than 1hr labour at a good garage.

If you were both in 2 year old Mercs, it's a different story and one that will definitely require the insurers intervention.


I realise you're 'supposed' to inform insurance companies of even the slighest accident according to the T's & C's, but I personally say stuff the greedy b******s.

johnfarquhar74

CrazyRatLady wrote: »

I do feel for your other half as it was pretty silly of the person in the other car to open the door, however as your OH hit the door and the damage is to your bumper it's clear she hit them (as opposed to the door having been opened onto your car as it were).

I'd guess it would go down as a fault claim on your (her) part, but there's a chance you may be able to argue 50/50.

Maybe I misunderstand the situation, but I disagree with the 'clear' liabilities here.
If the OP's partner started the manoeuvre and there were no doors open, then is that not the same as driving forward into a space and no doors were opened? If so then the person who opened the door could be to the blame as this happened to a work vehicle I was a passenger in.
We pulled into a space , was about a third of the way in when the rear passenger door opened on the car to our left opened suddenly. The driver I was with stopped but the other cars door got damaged and we suffered some paint damage to our bumper. We weren't too excited as nobody was injured and we were in a commercial vehicle so you don't go through the same emotion as if it was your own car, however the other vehicles owner was going ballistic.
So, details were exchanged, witness statements were sent off to the insurers, the last I heard, the other parties insurance paid for all damages.
If the other party was NOT liable I doubt their insurers would have paid for all the damages to both vehicles??

neilmcl

chib wrote: »

Okay, I'm calling them now - but going to make them aware that I'm expecting for her insurance to pick up the repair of my car as I believe I'm not at fault.

This way, I'm not agreeing to claim on my own insurance and not accepting liability.

I don't agree. You, sorry your partner, may well be fully liable, after all she was the one reversing and hit a stationary object. At the very least they may look at as 50/50 but there's no way you have no liability here.

photome

IMO the OP is at fault as they were the moving vehicle

colino

Your Partner will be held liable. Saying that the door wasn't open when she started the manoeuvre as a defence is like knocking down a kid and saying they weren't there the last time she looked out of the window. Your moving, your observing.

Norman_Castle

Unless your car has restricted rear visibilty I would expect the driver to see an open door. It is likely the third party passenger would not be expecting a car to pull in alongside them and fail to check.

thegirlintheattic

The insurers will probably find your wife 100% liable - moving vehicle hit stationary vehicle.

It's easy to tell who did what. If the damage is to the rear of your car then the door was opened and your wife reversed into it. If the damage is to the side of your car then the door was opened into your car but the insurers probably will go for simple moving vs stationary.

Just because it's clear when you start maneuvering doesn't mean you stop looking.