Forced to accept 50/50 liability???

LSB538

Firstly I'm really sorry if this has been covered before but I need some advice.

In April this year I was driving at a very slow speed when a car, parked on double yellow lines, opened its door into my path causing damage to the side of my car. The driver was very apologetic and couldn't have been nicer and more sorry. At one point I thought he was going to cry! We exchanged details and I received a call from his insurance company the next day admitting liability. A few days later my insurance company called me and told me that he was now disputing liability as I 'drove into his open door'!!!

This has now been going on for months and his insurance company have accepted 50/50 liability which I refuse to accept. Independent engineers have looked at the photos of the damage to our cars and agreed that he opened his door into the path of my correctly proceeding vehicle....despite this I have just received a phone call saying that the other insurance company 'are not budging' on accepting liability so I now HAVE to accept 50/50 because they will not take it to court due to the 'low cost'.
I told them to get the CCTV on the initial call 5 minutes after the accident and they haven't bothered so its 'my word against his'.

Can someone tell me what my options are??? I cannot believe that I am going to end up paying for my own repairs, losing my no claims AND paying my excess all because someone has blatantly lied. Its so unfair and frustrating. :sad:

I've read somewhere about a Notice of Action letter telling him that I will take him to small claims court if he doesn't admit liability? Does anyone know more about this?

Any help would be appreciated.

Thanks:mad:

forgotmyname

Letter Before Action.

You need to make an official complaint to your insurance. And ask them to explain how it can partly your fault when he opened the door into your car.

And when the engineer said teh dame proves the door opened into your car.

What and where is the damage to your car? In detail.

Have their inspectors viewed it? Or yours for that matter?

Strider590

It's gone 50/50 because your supposed to give parked cars enough space to allow for such an event....

I've been sat in my car, parked with the door just open an inch (waiting for the road to clear) and had some daft moo come ploughing along side, smash my wing mirror and then just carry on, she didn't even need to get THAT close to my car!
If someone has the door cracked open you either stop or you give the car a very wide berth.... I look out for this stuff, but an awful lot of people seem to have tunnel vision focused on the oncoming cars.

Short of having a video camera in the car, you can't prove anything in your favour. I think in this case it was always going to end up 50/50.

152

Residential streets. You should drive slowly and carefully on streets where there are likely to be pedestrians, cyclists and parked cars. In some areas a 20 mph (32 km/h) maximum speed limit may be in force. Look out for

• vehicles emerging from junctions or driveways
• vehicles moving off
• car doors opening
• pedestrians
• children running out from between parked cars
• cyclists and motorcyclists

and

239

Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible.
If you have to stop on the roadside:

• do not park facing against the traffic flow
• stop as close as you can to the side
• do not stop too close to a vehicle displaying a Blue Badge – remember, the occupant may need more room to get in or out
• you MUST switch off the engine, headlights and fog lights
• you MUST apply the handbrake before leaving the vehicle
• you MUST ensure you do not hit anyone when you open your door – check for cyclists or other traffic
• it is safer for your passengers (especially children) to get out of the vehicle on the side next to the kerb
• put all valuables out of sight and make sure your vehicle is secure
• lock your vehicle

Highway code mentions both sides and gives clear instructions.

But also, when passing parked cars too closely, you have no chance of taking evasive action should a pedestrian or child step out slightly with a view to crossing the street.

So even though the later paragraph is more strongly worded, the risk involved in passing too near, is considered very great indeed

ianders

I would read the highway code quoted above as

"Look out for car doors opening"
More of a recommendation.

"you MUST ensure you do not hit anyone when you open your door - check for cyclists or other traffic"
The word MUST indicates this is mandatory

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_070236

Many of the rules in the Code are legal requirements, and if you disobey these rules you are committing a criminal offence. You may be fined, given penalty points on your licence or be disqualified from driving. In the most serious cases you may be sent to prison. Such rules are identified by the use of the words ‘MUST/MUST NOT’. In addition, the rule includes an abbreviated reference to the legislation which creates the offence. An explanation of the abbreviations can be found in 'The road user and the law'.

Quentin

LSB538 wrote: »

......I've read somewhere about a Notice of Action letter telling him that I will take him to small claims court if he doesn't admit liability? Does anyone know more about this?.....

Were you to attempt to take this to court, although you would issue the claim in the name of the driver, this would be dealt with by his insurer, and as it seems both insurers agree it is to be dealt with on a 50/50 basis, then that is likely to be the outcome in court.

You would be left with paying all the court costs as well as the other sides expenses were you not to win.

....I cannot believe that I am going to end up paying
for my own repairs, losing my no claims AND paying my excess....

On a slightly brighter note, you won't have to pay all your excess. If this is concluded as 50/50 you will be able to claim back 50% of all your uninsured losses from the third party insurer (as will the other side be able to get back 50% of their excess etc from your insurer).

But if you intend paying for your own repairs (as you say), then you will have no excess to pay at all!

LSB538

Sorry probably should have mentioned that he was parked on double yellow lines near to a ped x. And with the best will in the world there is no way of knowing he was going to open his car door as I approached!! I passed as wide as I could given the room he'd left and was going very slow as I'd just pulled away from traffic lights.

Forgotmyname - the damage is on the front nearside of my car. The wing mirror was smashed, the door was damaged and the side indicator light was smashed. Had his door been open when I had hit it there would be no door left!! As it was all the damage is on the inside rim of his drivers door.
My insurance company have said that independent 'engineers' have looked at it....they haven't mentioned inspectors. Haven't heard that anyone from his side has looked and come to a conclusion.

Thanks for your replies. Still very frustrated how unjust it all seems!

L x

real1314

"Quote:
152

Residential streets. You should drive slowly and carefully on streets where there are likely to be pedestrians, cyclists and parked cars. In some areas a 20 mph (32 km/h) maximum speed limit may be in force. Look out for
vehicles emerging from junctions or driveways
vehicles moving off
car doors opening
pedestrians
children running out from between parked cars
cyclists and motorcyclists"

You should indeed watch out for all of these, but if a vehicle emerges from a junction or driveway, into the path of a vehicle progressing along the highway, it's the emergent vehicle at fault; same with a vehicle moving off into the path of a vehicle progressing (that was one of your vids wasn't it?); same with a pedestrian, kids from between parked cars; and the same with someone opening their door.
It's wise to give them a wide berth, but it's still their fault for opening the door. :cool:

Strider590

real1314 wrote: »

"Quote:
152

Residential streets. You should drive slowly and carefully on streets where there are likely to be pedestrians, cyclists and parked cars. In some areas a 20 mph (32 km/h) maximum speed limit may be in force. Look out for
vehicles emerging from junctions or driveways
vehicles moving off
car doors opening
pedestrians
children running out from between parked cars
cyclists and motorcyclists"

You should indeed watch out for all of these, but if a vehicle emerges from a junction or driveway, into the path of a vehicle progressing along the highway, it's the emergent vehicle at fault; same with a vehicle moving off into the path of a vehicle progressing (that was one of your vids wasn't it?); same with a pedestrian, kids from between parked cars; and the same with someone opening their door.
It's wise to give them a wide berth, but it's still their fault for opening the door. :cool:

Your forgetting that insurance companies make maximum profit when they can go 50/50 on a claim.... They'll use anything they can, no matter how small.

Crabman

Strider590 wrote: »

Your forgetting that insurance companies make maximum profit when they can go 50/50 on a claim.... They'll use anything they can, no matter how small.

They can try but if the policyholder complains and escalates it to the FOS, they have to pay a £500 case fee for each complaint. Not quite so profitable then

If the OP can show that his insurance company has not acted properly or has simply been opportunistic/lazy, the FOS will take it into account.

When challenged, insurance companies tend to give in (I'm yet to lose out to an insurer either for myself or assisting friends/family). It's the equivalent to burglars targeting the elderly and infirm.