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

captainawsome

bery_451 wrote: »

The passenger exiting the vehicle is a elderly passenger in 60's. Doesn't have sharp senses like us young ones.


However I am 100% sure that the driver could have left more space and thus accident could have been avoided. I can bring my measuring tape if I had to. I always drive as much on the left as possible in areas like these cause I know passenger doors get open. Its not like I driving pass empty cars parked on the side of the road.

I'm sure the other driver will be 100% sure that your passenger (regardless of age) could have looked over their shoulder or in the mirror before opening the door and avoided the accident totally. Best you can hope for is 50/50 but you'd be lucky to get that in my opinion

bery_451

captainawsome wrote: »

I'm sure the other driver will be 100% sure that your passenger (regardless of age) could have looked over their shoulder or in the mirror before opening the door and avoided the accident totally. Best you can hope for is 50/50 but you'd be lucky to get that in my opinion

Other driver car is minor damage anyway, Just the driver side door handle came off and a thin line of dent on the driver side door at the front near the wing. In fact it doesn't look like its been involved in a accident to the bystander. My car has the worst damage as it needs new wing and door.


Driver car is not a Ferrari just a 2004 Hyundai Santa Fe. If insurance company say its 100% my fault then I am happy to pay cash settlement without going through insurers. But I wanna make sure that if I pay cash will either of us lose our no claims bonus?

comeandgo

My opinion is your passengers action caused the accident. It is only your opinion that other car was driving too fast, you have no evidence to support this.

DUTR

bery_451 wrote: »

Other driver car is minor damage anyway, Just the driver side door handle came off and a thin line of dent on the driver side door at the front near the wing. In fact it doesn't look like its been involved in a accident to the bystander. My car has the worst damage as it needs new wing and door.


Driver car is not a Ferrari just a 2004 Hyundai Santa Fe. If insurance company say its 100% my fault then I am happy to pay cash settlement without going through insurers. But I wanna make sure that if I pay cash will either of us lose our no claims bonus?

What did the driver of the other car say to you at the time?

Iceweasel

bery_451 wrote: »

Other driver car is minor damage anyway

That's what you think - that sounds like a big, big bill to me. Just wait until you hear how much it's going to cost.

bery_451 wrote: »

But I wanna make sure that if I pay cash will either of us lose our no claims bonus?

I think you missed the point of my earlier post - the No Claims Bonus as you call it, is irrelevant as you are going to have higher premiums,come what may, which means that you will pay more - even if the NCD stays the same.

From your description of the damage I think it would be far cheaper to let the insurance company deal will everything.

You have to tell them anyway, even if you are not going to claim.

im-lost

bery_451 wrote: »

Other driver car is minor damage anyway, Just the driver side door handle came off and a thin line of dent on the driver side door at the front near the wing. In fact it doesn't look like its been involved in a accident to the bystander. My car has the worst damage as it needs new wing and door.


Driver car is not a Ferrari just a 2004 Hyundai Santa Fe. If insurance company say its 100% my fault then I am happy to pay cash settlement without going through insurers. But I wanna make sure that if I pay cash will either of us lose our no claims bonus?

so if I stab you a little bit, then that makes it ok then?

a small ding in a 10 year old car, could in all likelihood result in a write off, when you factor in the repairs, labour, a hire car etc etc

adouglasmhor

DUTR wrote: »

The camera's are not installed to resolve minor collision incidents, network rail are not going to relase the footage to you or your insurers without a court warrant.

On what grounds are they exempt from a FOI request?

marleyboy

FOI? You cannot just walk into a company and demand they release CCTV footage on the grounds of FOI.

Its no different to someone demanding they see my holiday snaps under the FOI. It does not work that way I'm afraid.

DUTR

adouglasmhor wrote: »

On what grounds are they exempt from a FOI request?

They are not exempt from FOI, however the CCTV footage would not fall under that aspect, we have seen many posts where accidents have occured and the footage was magically not available to the parties involved.
Even if it was available, I fear it would vindicate the OP, the incident form would read something like, " my passenger opened the door which struck and damaged a passing vehicle which was not there, although we didn't see the car we are sure he was speeding through the drop off area."

shaun_from_Africa

adouglasmhor wrote: »

On what grounds are they exempt from a FOI request?

It's nothing to do with a FOI request as this only deals with information held by public sector companies.
If the OP wants a copy of any cctv recordings of themselves then they need to submit a data protection act "subject access request."