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Was involved in a car accident earlier today, whos liable?
Comments
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I'm waiting for the repair company to pinch the OPs car again.
I'm imagining it with the Benny Hill theme playing.0 -
OnanTheBarbarian wrote: »Armchair experts everywhere
Armchair experts, quoting from legal documents, rather than just shooting from the hip.BeenThroughItAll wrote: »You actually went and checked your own insurance policy? Wow. Kudos, but you must have too much time on your hands.
Emailed copy stored on PC, so 5 seconds work.BeenThroughItAll wrote: »Leaving aside what the policy wording says...
Ah the shifting sands of a forum 'discussion'.BeenThroughItAll wrote: »the OP should, IMO and morally speaking, let their insurer pay or pay up themselves. If they hadn't had the idiot passenger in their car, the other party's car would not have been damaged in this incident.
Depends who the passenger is. A relative, probably. Someone you were just giving a lift to, hmmm.0 -
Depends who the passenger is. A relative, probably. Someone you were just giving a lift to, hmmm.
Not in my eyes. I'm responsible for the passengers in my car and if their actions cause damage to another driver's vehicle or other drivers' vehicles, then my insurance will be paying out.
As regards your 'shifting sands' dig, I have at no point in this discussion ever shifted my point of view. The OP's at fault. He should deal with the consequences. I don't care what his or your policy documents say, in my opinion it's just a simple issue of taking responsibility and common decency; two things which are in precious short supply in people these days it seems.0 -
BeenThroughItAll wrote: »The OP's at fault.
Why?
What did they do, other than drive the car and park it.
Was their hand on the door handle?0 -
Why?
What did they do, other than drive the car and park it.
Was their hand on the door handle?
They caused or permitted their passenger to endanger the safety of another road user or their vehicle.
Since you're clearly spoiling for a fight over this, I'm going to just leave it there. Obviously I have a different moral code to you as I don't believe the OP should be able to hide behind policy wording.0 -
Armchair experts, quoting from legal documents, rather than just shooting from the hip.
These hips have 20 years experience dealing with motor claims litigation including settling claims against insurance companies when passengers fling open the door of a car.
Bottom line is this incident comes from the "use" of the motor vehicle and the driver of said vehicle has a duty of care to ensure a passenger alighting from their vehicle does it without causing harm or damage & loss to others.
So the passenger is negligent for their breach of duty of care and so is the driver for their breach of duty of care = negligence.
The insurer covers that "use" and regardless of what you are trying to extrapolate from your own policy wording, your insurers would have to pick up the tab if a passenger in your vehicle did this.
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OnanTheBarbarian wrote: »Bottom line is this incident comes from the "use" of the motor vehicle and the driver of said vehicle has a duty of care to ensure a passenger alighting from their vehicle does it without causing harm or damage & loss to others.
So the passenger is negligent for their breach of duty of care and so is the driver for their breach of duty of care = negligence.
So how is the driver negligent?
They drove to a marked parking space.
Stopped.
Waited for the passenger to get out.
What could the car driver have done to stop the passenger opening the door. Nothing, therefore the driver is not negligent.JustinR1979 wrote: »So no one is to blame and no one has to pay?
No, the passenger is negligent, and the passenger has to pay for the damage to the other car, and the OP's car.0 -
So how is the driver negligent?
They drove to a marked parking space.
Stopped.
Waited for the passenger to get out.
What could the car driver have done to stop the passenger opening the door. Nothing, therefore the driver is not negligent.
No, the passenger is negligent, and the passenger has to pay for the damage to the other car, and the OP's car.
The passenger is covered by the driver's policy.0 -
Why?
What did they do, other than drive the car and park it.
Was their hand on the door handle?
if a chimney fell onto your car would you sue owner through the buildings contents or try to sue the wind
a door hit another vehicle regardless of how the other car was driven . Given the other car didnt aim for or can be seen to be driving with the intent to damage then the door is at fault . It being opened without someone looking is a route cause and not the end result
so OP`s accountable and thats the end of the matter0
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