What are my liabilities? UPDATE need more help!

iammumtoone

arcon5 wrote: »

So you was already loading? Thus your door had been open for some time before being hit? This seems harsh.

Correct but as others quite rightly pointed out I have no witnesses to this fact.

arcon5 wrote: »

Get back on the phone to them and tell them you don't accept their decision and make your voice heard.

Trust me I have tried, it got to the stage that the operator actually said they were going to hang up as the conversation was going nowhere - I keep saying I was not prepared to accept 100%, them saying they had made their decision and there was nothing I could do apart from see a solicitor (I can't afford that and not sure what it would achieve)

I can't remember the exact wording but they have accepted blame on my behalf but noted that I have not agreed, but like I said to them, that doesn't help me as when I next get insurance all the company will want to know is did mine or the third party insurers pay out for the claim.

arcon5

Assuming you hadn't opened the door in the last sort of 30 seconds this seems like a massive injustice.

Ask them for details about their formal complaint process and then follow that. I suspect the first step will be to write a letter.

AdrianC

iammumtoone wrote: »

As I understand it, I would only have to pay half my excess not the full amount.

How much is your excess?

When I have to declare the claim for future insurance I now have to say I have a 100% fault claim (along with all the costs) rather than 50/50 claim (and only my side of costs)

Makes no difference to NCB or future history - it's a claim in which your insurers hand went into their pocket. The amount is almost incidental (minor damage only), as is whether anybody else's hand went into their pocket.

iammumtoone wrote: »

Am I being really unreasonable thinking they should have fought for 50/50?

They will follow the evidence. They have the claim forms from both sides in front of them, and photos of both side's damage. If, in their opinion - and remember they do this all day every day and have heard everything at least twice - the evidence says that they're not going to get anywhere, they won't waste time and money.

arcon5 wrote: »

So you was already loading? Thus your door had been open for some time before being hit? This seems harsh.

I suspect the other driver is saying this is either untrue or that the door was partially open, then was opened fully into his path.

AdrianC

arcon5 wrote: »

Assuming you hadn't opened the door in the last sort of 30 seconds

Big assumption that nobody can prove either way.

Unless the other driver had a dashcam...?

iammumtoone

arcon5 wrote: »

Assuming you hadn't opened the door in the last sort of 30 seconds this seems like a massive injustice.

Ask them for details about their formal complaint process and then follow that. I suspect the first step will be to write a letter.

yes it had been opened for a couple of minutes.

Thank you I will do that. I will have to work hard to write the letter as I need to keep to the facts and keep my emotions and opinions out of it!

iammumtoone

AdrianC wrote: »

Big assumption that nobody can prove either way.

Unless the other driver had a dashcam...?

I know that it can't be proved and I do accept that.

But as I keep saying what I don't understand its the other party cannot prove that's what didn't happen either. My insurance didn't tell me they had a dashcam if they did I would have asked to see the film as I KNOW that my door was open (i wish they did have a dashcam)

iammumtoone

AdrianC wrote: »

They will follow the evidence. They have the claim forms from both sides in front of them, and photos of both side's damage. If, in their opinion - and remember they do this all day every day and have heard everything at least twice - the evidence says that they're not going to get anywhere, they won't waste time and money.

Take your point but they would not tell me anything just that they would lose in court. If they had explained to me what the damage was on both cars and why they came to that conclusion at least I could try to understand it. I asked this question of the bodyshop and they confirmed that there was no damage to my door on the outside and it was clearly hit when it was open.

AdrianC wrote: »

I suspect the other driver is saying this is either untrue or that the door was partially open, then was opened fully into his path.

But if they admitted my door was partially open, they should have been anticipating it could fling open, I suspect they are saying it was shut.

peachyprice

iammumtoone wrote: »

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.

Sorry, yes, I used to if I was strapping a child in via the roadside door (unavoidable with twins at times)

peachyprice

It is possible that the other party has produced at 'witness'. Do they live near you? Are they likely to know anyone who does live near you they could have produced as a witness.

This happened to my husband when he got knocked off his motor bike, there was nobody around, but miraculously a week later the car driver's next door neighbour suddenly remembered seeing the accident, based on that 'witness' the claim went 20/80 in favour of the car driver.

iammumtoone

No the insurance company said there were no witnesses it was the reason they stated for taking the 100% blame on my behalf.

I am going to write a complaint as suggested, I feel slightly silly as I did not think of this until it was pointed out to me.

Part of the reason I did not think of it was I actually asked the question, what can I do as I don't agree with your decision? I was told the only thing was to speak to a solicitor. Should I mention this in the complaint letter as surely the the answer should have been if I don't agree I have the right to follow the complaints procedure. (I really want to mention this as feel this should have been advised to me as I asked the question, but am aware I need to keep this letter to the necessary facts)