Was involved in a car accident earlier today, whos liable?

Altarf

DUTR wrote: »

For much of this thread it appears you are promoting that the OP does not have a worry, 1st party's just simply deny liability and their insurance won't pay out and it's as easy and clear cut as that, along with every reader of this thread, you know the OP's insurance will re-imburse the 3rd party by funding the repair of the car or a replacement offer. There is blame so there is a claim.

No, I am simply answering the question that was first asked - " Was involved in a car accident earlier today, whos liable?" to which the answer is, the passenger that opened the door.

As the passenger caused the accident they have a liability to pay both the 3rd party and the OP.

Will the OP's insurance cover the damage to the 3rd party. Only if the OP wants it to. If they want to tell the 3rd party to go whistle and chase their passenger, they can.

As it appears the OP only has TPFT insurance, then their only option to cover the damage to their car is to get their passenger to pay for it.

And yet again, why will the OP's insurance pay out, when they tell the insurance company that the person that caused the accident was their passenger and not them, and they are not extending the cover to them. I have never known a philanthropic insurance company who pays out money when there is no reason to do so and no prospect of being held liable.

Altarf

rs65 wrote: »

In most circumstances I think you would want the cover to apply - unless you really didn't like your passenger.

Of course you would, but the point is that you don't have to.

Altarf

DUTR wrote: »

There is blame so there is a claim.

Correct. The blame is the negligence of the passenger, so the injured party can claim from them.

Altarf

welfayre wrote: »

The OP pulled over and parked in a "drop off zone" with the sole intention of letting a passenger exit their vehicle. I'd say that means the OP permitted the door to be opened unless they expected the passenger to teleport from the seat to the pavement...

So the did everything they could to allow their passenger get out of the car safely, e.g. they did not stop in the middle of the road.

The sole cause of the accident was the action of the passenger, and their was nothing the OP could do to prevent it, apart from never stopping and driving forever in circles.

welfayre

Altarf wrote: »

So the did everything they could to allow their passenger get out of the car safely, e.g. they did not stop in the middle of the road.

The sole cause of the accident was the action of the passenger, and their was nothing the OP could do to prevent it, apart from never stopping and driving forever in circles.

They could have looked in their mirrors, that would've prevent the accident.

See tomorrow can you do me a favour? Go outside around noon and look up at the sky, then come on here and tell us how many big bright orange circles there are up there. I just wanna check you're on the same planet as me

Altarf

welfayre wrote: »

They could have looked in their mirrors, that would've prevent the accident.

You are correct, the passenger could have done. They didn't, they caused the accident, they are liable.

Spicy_McHaggis

Altarf wrote: »

You are correct, the passenger could have done. They didn't, they caused the accident, they are liable.

You seem determined that the ops insurance need not pay out so here's a question for you.

If you were the third party and this had happened to you, what would you do if the passenger refused to give you their details?

Altarf

Spicy_McHaggis wrote: »

You seem determined that the ops insurance need not pay out so here's a question for you.

And you seem determined to place the blame on the wrong party.

Spicy_McHaggis wrote: »

If you were the third party and this had happened to you, what would you do if the passenger refused to give you their details?

Leave it to the police.

Spicy_McHaggis

Altarf wrote: »

Leave it to the police.

To do what?

It's a non injury accident so they won't attend. The road traffic act doesn't state a passenger must provide you with details, so they are doing nothing wrong in refusing.

Even if the police used a pace power to demand the details to summons the passenger they wouldn't give them to you as you are not entitled to have them.

Altarf

Spicy_McHaggis wrote: »

To do what?

It's a non injury accident so they won't attend. The road traffic act doesn't state a passenger must provide you with details, so they are doing nothing wrong in refusing.

Even if the police used a pace power to demand the details to summons the passenger they wouldn't give them to you as you are not entitled to have them.

So what would you do?

Hand it over to your insurer, who have even fewer powers to obtain the passenger's details?