Thoerectical question

InsideInsurance

vaio wrote: »

Nah, RTA does recognize negligence.

For example s151 requires insurers to pay judgements against drivers and for a judgement there must be negligence

Indirectly it does but there are other things for which a judgement can be given than just negligence - though in Motor it is the overwhelming majority of cases.

Back to the original question, its a difficult one to answer and I suspect the vast majority of insurers would simply accept liability and pay out.

If you were in the situation of it being a very wind day then struggling to hold the door is predictable and therefore to attempt to do it and fail most likely would be seen as negligent.

Where you can possibly get away with it is if it was a "freak gust" and therefore it wasnt predictable. Of cause, proving there was a freak gust is another matter and this is why most insurers would roll over fairly quickly