What are my liabilities? UPDATE need more help!

iammumtoone

Now UPDATED in post below with the result of the case (it went to court) - Sorry I can't get the title to amend.

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I was putting my child into his car seat in the back of my car and someone smashed into my open car door. The car door now has a crease in it and would not close so the car had to be collected by a recovery vehicle to be taken to the garage.

The person who hit me claimed the door was shut, it wasn't one of my feet would have been on the road for a start as I was leaning in over the back seat.

I told my insurance what happen and they offered me a hire car whilst repairs are being carried out. I do not have courtesy car cover on my insurance so this cost will be claimed against the other party.

I got a text from the third party insurance company offering to sort out my claim and provide a car if I went direct to them. I decided not to as I had already told my own insurers by this point and things had been put in place regarding the collection of my car. I didn't want any further delays as I was already late for work.

I thought everything was fine until I have now got a letter from my insurance company telling me the other party is disputing the claim and there will need to be an investigation.

Why would they do this when to my mind they admitted liability with the text offering to sort everything out, is this because I didn't take them up on their offer and went through my insurance? Have they see the other car and seen something on it which could point the blame at me? (i can't think what that could be. I don't see how I can be at fault?)

I am really worried about the hire car I have been given, this will be costing a lot of money and I am worried that as this is not covered by my insurance I could be liable for the the cost?

I didn't take any photos or anything at the time. I know I was wrong here I was just so shocked it happened I wasn't thinking straight

m0bov

When the insurance arranged a loan car, who agreed at that point to pay for it? Do you have whitnesses? How can they hit a closed door? Photos of the scene? CCTV?. Might be your word against theres? Just because they offered to supply you with a car, does'nt mean they will pay for it!

forgotmyname

They wanted to limit costs and offered to sort the claim without admitting fault because it would be cheaper for them than have your insurer charge them £££ a day for your hire car on top of the repairs.

I would have accepted their offer.

Their client could say you opened the door into them as they were passing or many other excuses.

iammumtoone

m0bov wrote: »

When the insurance arranged a loan car, who agreed at that point to pay for it? Do you have whitnesses? How can they hit a closed door? Photos of the scene? CCTV?. Might be your word against theres? Just because they offered to supply you with a car, does'nt mean they will pay for it!

No photos (i realise i am at fault here, but at the same time, they haven't got any either) no witnesses, no CCTV, so as you say my word against theirs, however I still wonder what possible defense they could have?? as like you say you can not hit a closed door!

They said the cost of the car would be claimed against the other insurer as when I explained my story to my insurers they agreed I was not at fault.

lincroft1710

m0bov wrote: »

How can they hit a closed door?

I think the 3rd party is trying to claim that the door was closed when they started to pass the car, but it was opened right into their path so they were unable to brake in time.

motorguy

forgotmyname wrote: »

Their client could say you opened the door into them as they were passing or many other excuses.

I "think" irrespective, you're supposed to allow clearance around a parked car to allow for a door opening.

lincroft1710

motorguy wrote: »

I "think" irrespective, you're supposed to allow clearance around a parked car to allow for a door opening.

Not always possible and the person who opens the door without checking for oncoming vehicles will be held more to blame for the incident.

iammumtoone

forgotmyname wrote: »

They wanted to limit costs and offered to sort the claim without admitting fault because it would be cheaper for them than have your insurer charge them £££ a day for your hire car on top of the repairs.

I would have accepted their offer.

You live and learn but why would they offer to pay out if they didn't think there would be a high probability they would have to pay anyway?

forgotmyname wrote: »

Their client could say you opened the door into them as they were passing or many other excuses.

I am the driver, why would I be sitting in the back back seat of my car with the door shut?? If it was the drivers door this happened to, I could see your point that could be argued as a defense.

Moto2

Ride any sort of bike for a while and it becomes 2nd nature to stay out of the door zone

iammumtoone

what will happen now?

I KNOW my door was open (does anyone when strapping a child in the back get totally in the car, shut the door, then open it after?), but I can't prove it. However the third party won't be able to prove their claim that it was shut.

I really don't want to end up having to pay my excess and having a fault claim as it wasn't my fault!

Moto2

(does anyone when strapping a child in the back get totally in the car, shut the door, then open it after?)

I suspect the answer to that is you shouldn't do it from the roadside and - instead - go in from the kerbside