What are my liabilities? UPDATE need more help!

Richard53

I may have got this wrong, but my reading of your description is that the other driver is claiming you opened the door suddenly from inside the car, so there was no warning. I can't see how you could do that if there is a child seat in that position. Where could you be sitting? Or were you standing in the road, leaning in through the door and opened the door from there? Now rear doors aren't that big, so if he hit the door (even fully opened) he was damn close to hitting you, and he should have been giving you a much wider berth. I can't see logically how you could be at fault here. He was driving too close whatever. I'd be pursuing this through the insurance company's formal complaints procedure, although without much hope of success, I am afraid. They will do whatever is cheapest for them.

arcon5

AdrianC wrote: »

Big assumption that nobody can prove either way.

Unless the other driver had a dashcam...?

Big assumption? Err not really that big of an assumption, more clarifying, from the context of the post!

The fact it can't be proven doesn't make it any less of an injustice.

burlington6

I hate it when parents are putting their children in the back of the car and leave the door open with their backsides hanging out.

It's so dangerous and stupid

Tiddlywinks

burlington6 wrote: »

I hate it when parents are putting their children in the back of the car and leave the door open with their backsides hanging out.

It's so dangerous and stupid

Just out of interest, how would you suggest they do it?

scaredofdebt

Tiddlywinks wrote: »

Just out of interest, how would you suggest they do it?

I sympathise with the OP if everything is as has been described, but there are other options.

I put my youngest in the central position in the back as that's statistically the safest location in the event of a crash. If I am concerned about traffic hitting the door I can then get into the car whilst putting the baby in the seat, shutting the door in the process. Also handy if it's raining.

This may not be possible in all vehicles however.

AdrianC

Tiddlywinks wrote: »

Just out of interest, how would you suggest they do it?

There aren't many cars with a rear door on just one side.

iammumtoone

scaredofdebt wrote: »

I sympathise with the OP if everything is as has been described, but there are other options.

I put my youngest in the central position in the back as that's statistically the safest location in the event of a crash. If I am concerned about traffic hitting the door I can then get into the car whilst putting the baby in the seat, shutting the door in the process. Also handy if it's raining.

This may not be possible in all vehicles however.

It is a small car there is no room for him to sit in the middle seat otherwise I would do, as you are correct, this is the safest seat for a child.

AdrianC wrote: »

There aren't many cars with a rear door on just one side.

As previously explained it was impossible to do the seat up from the other side.

marcarm

burlington6 wrote: »

I hate it when parents are putting their children in the back of the car and leave the door open with their backsides hanging out.

It's so dangerous and stupid

I have 2 young children that sit in car seats, in my focus that equals one on each side. How do you suggest I get both of them in?

I could get one in and then leave the other standing on the path while I turn the car round in the road I suppose.

Or I could do as I do now, pull the rear door as far closed as possible and hope people on the road to give me the courtesy of a little room. At least if I get hit it'll be me injured and not my kids.

Of course I always check if there is anything coming before opening the door back up, but one would think if you saw a car with its door partially open you might give it a bit of room just in case.

But we now live in a world where everyone looks out for themselves and does not afford anybody else the slightest second thought anymore.

Quentin

bod1467 wrote: »

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

Motor legal protection added to your motor insurance is a misnomer as it doesn't deal with this sort of thing.


It is for recovering uninsured losses, not "protecting" you in a dispute against your insurer

edgex

iammumtoone wrote: »

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.

Can you draw something that shows clearly how the incident happened