What are my liabilities? UPDATE need more help!

iammumtoone

lovinituk wrote: »

So assuming that you park there at night and its not a recognised parking space - please ignore my previous suggestion!!

Yes I park day any night. I park on the road outside my house.

iammumtoone

Moto2 wrote: »

They are going to say the door moved towards them and you admitting that you were in the ajar door will support that theory.

Yes I was in the ajar door I do admit that as it is the truth. But I did not move the door. I don't see how that supports their case as if they admit the door was ajar aren't you suppose to anticipate that it might suddenly fling open. I don't know how quick they were going but the car didn't stop until at least 4 or 5 car lengths from my car.

The scuff marks on my car are on the inside of the door, surely if my door had moved you would expect to see some damage on the outside edge of it where it hit their car.

iammumtoone

lincroft1710 wrote: »

With no independent witnesses and contradicting stories it will probably go 50/50.

So what does mean with insurance companies? We both have a fault claim and both have to pay our excess?

straighttalker

It'll only go 50-50 if both parties or their insurers agree for it to go 50-50.

If it does, you both pay half of your excess and you both get a fault claim against your record. Also, the company who supplied you with the hire car will only be able to recover half of the hire costs. There is the small chance they they might come after you for the other half of their outlay but I doubt it.

iammumtoone

My insurance company got back to me, they have decided I am 100% to blame :eek:

I am livid, after taking advice of this thread on board I was still not very happy at 50/50 but would have been prepared to accept that as I understand completely what everyone said - there were no witness.

Is there anything I can do? I get that I have no witness but the other party doesn't either, so how can I be 100% to blame? My car was not even moving!

The insurance said if I wish to take it further I need to speak to a solicitor but I don't see how that can help a) I can't afford it and b) who would I sue?

bod1467

Do you have motor legal protection as a bolt-on to your insurance.

dacouch

iammumtoone wrote: »

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?

Because the Hire Car your Insurer "Provided" was actually from a different company called a "Credit Hire Company" who provided a hire care to you at between 2 and 3 times the normal cost.

The other Insurers were trying to cut the Credit Hire Company out of the loop to keep the claims costs to a reasonable amount.

What's the make and model of your vehicle?

AdrianC

iammumtoone wrote: »

so how can I be 100% to blame? My car was not even moving!

If you were driving along, and somebody opened the door of a parked car right into your path so you had no time to avoid it, would you have said they were 100% to blame?

This is clearly what's being alleged by the other driver.
Your opinion, clearly, differs.

iammumtoone

AdrianC wrote: »

If you were driving along, and somebody opened the door of a parked car right into your path so you had no time to avoid it, would you have said they were 100% to blame?

This is clearly what's being alleged by the other driver.
Your opinion, clearly, differs.

Yes I understand that. and I am sure that is what they are saying, but what I don't get is why they were believed over me as there were no witnesses,

I thought my insurance was suppose to be on my side

iammumtoone

bod1467 wrote: »

Do you have motor legal protection as a bolt-on to your insurance.

Yes I actually asked about using this, I was told that it wasn't for this situation. The only cases they take on are personal injury cases..