Disputing Claim!

laurenrayment

Help please! I was parked at the side of a road and my passenger door was wide open as my passenger was about to get out, then suddenly another car came past and hit my door. She stopped and we looked at the damage to mine and her car, and then she said she wasn't going to claim because there wasn't a lot of damage to her vehicle, there was only a scuff on the headlight, I agreed as the damage to my car was just cosmetic and it seemed a lot of agro to get a whole new door for just some damaged paint. She took my name and that was the end of it. Then, a month later in April, a received a letter from my insurance company explaining that they were claiming from my insurance. I did not admit fault as it was completely not my fault they should have looked where they were going. I had to draw a sketch and send pictures of the damage etc in July and haven't heard much since.
Then, last week I received a claim form from the County Course Business Centre saying that the woman was claiming £940. I rang my insurance company and they basically said that there's no point disputing it because i've got no chance of winning so I might as well just pay now. They said i'll have to pay £500 for a solicitor so I might aswell pay now while the price is low.

I don't understand! It wasn't my fault so why should I have to pay anything and if anything why isn't my insurance company paying the £940?! Surely that's what I pay them for?
Any assistance please!!!!!

agrinnall

I think you must have misunderstood somehow, your insurer will pay the claim, although there may be an excess that you'll have to pay. The third party is probably saying that your door was opened as they drove past and had no way to avoid it, and your insurer isn't prepared to argue it because whatever the timing the door was in fact open in a traffic lane.

missile

This is the risk you take when not declaring an accident to insurers.

Your insurer, must have some reason for "you have no chance of winning". Does third party have evidence you are at fault, e.g. a witness stating your passenger door was opened in a reckless manner. If not it should be knock for knock.

At worst you should be liable for your excess and insurer 3rd party costs. Why are YOU liable for cost? Please explain why your insurers are not paying for third party damage?

Stoke

I have to agree with Missile here. You weren't in the fault, but you !!!!ed up royally by not declaring the accident, especially as it wasn't your fault. I can totally see why someone in the wrong wouldn't want to declare it, but in your case, there was nothing to lose. By not declaring it, your insurance company will immediately ask "why didn't you ring up and tell us what happened".

I'm really sorry this has happened to you. People can be very cruel and unless you can come up with some insurmountable evidence (CCTV, independent witnesses etc), I think you will lose. It's their word against yours, and they went down the right (albeit dishonest) path whereas you didn't.

Tough pill to swallow.

Car_54

Stoke wrote: »

I have to agree with Missile here. You weren't in the fault, but you !!!!ed up royally by not declaring the accident, especially as it wasn't your fault. I can totally see why someone in the wrong wouldn't want to declare it, but in your case, there was nothing to lose. By not declaring it, your insurance company will immediately ask "why didn't you ring up and tell us what happened".

I'm really sorry this has happened to you. People can be very cruel and unless you can come up with some insurmountable evidence (CCTV, independent witnesses etc), I think you will lose. It's their word against yours, and they went down the right (albeit dishonest) path whereas you didn't.

Tough pill to swallow.

How can you say the OP wasn't at fault? It is an offence to allow the passenger to open his door so as to endanger anyone, and that's what the 3P will undoubtedly say happened.

However, I also can't see why the insurers won't pay, and indeed normally they'd want the court papers sent directly to them for attention.

Strider590

OP you said the part about parking facing oncoming traffic, as if you didn't do anything wrong. Do you realise you shouldn't do this?

Highway code rule 239

Did you have your headlights on? Headlights direct light to the left, if you park facing oncoming cars, you can actually dazzle drivers to the point where they wouldn't see a door open. I see people do this all the time and they can't seem to grasp why people are flashing and honking at them.

You also can't do it with lights off because the front of your car doesn't have reflectors, whilst the rear does.

Highway code rule 248

Admittedly responsible drivers would not pass such a car within it's door zone, BUT i've been driving 20 years and have seen maybe a handful of what i'd call responsible drivers.

missile

Strider590 wrote: »

OP you said the part about parking facing oncoming traffic, as if you didn't do anything wrong. Do you realise you shouldn't do this?

Highway code rule 239

Did you have your headlights on? Headlights direct light to the left, if you park facing oncoming cars, you can actually dazzle drivers to the point where they wouldn't see a door open. I see people do this all the time and they can't seem to grasp why people are flashing and honking at them.

You also can't do it with lights off because the front of your car doesn't have reflectors, whilst the rear does.

Highway code rule 248

Admittedly responsible drivers would not pass such a car within it's door zone, BUT i've been driving 20 years and have seen maybe a handful of what i'd call responsible drivers.

Agree with all but your last paragraph. If you "would not pass ...." , then would you stop if there is an oncoming vehicle? In our congested streets this would be very inconsiderate to those vehicles following behind.

Franz_Ferdinand

Strider590 wrote: »

OP you said the part about parking facing oncoming traffic, as if you didn't do anything wrong. Do you realise you shouldn't do this?

Highway code rule 239

Did you have your headlights on? Headlights direct light to the left, if you park facing oncoming cars, you can actually dazzle drivers to the point where they wouldn't see a door open. I see people do this all the time and they can't seem to grasp why people are flashing and honking at them.

You also can't do it with lights off because the front of your car doesn't have reflectors, whilst the rear does.

Highway code rule 248

Admittedly responsible drivers would not pass such a car within it's door zone, BUT i've been driving 20 years and have seen maybe a handful of what i'd call responsible drivers.

Have you jumped to your own conclusion here?

Maybe it was the rear drivers side door, probably not but it's only an offence to park on the offside at night.
Did the op say when it happened?

I'm sure you'll agree there's no need for headlights during the day.

Strider590

Franz_Ferdinand wrote: »

Have you jumped to your own conclusion here?

Maybe it was the rear drivers side door, probably not but it's only an offence to park on the offside at night.
Did the op say when it happened?

Jump? No

Apply logic? Yes

It's winter, it's dark from the time most people set out for work, to the time they get in their cars to head home. So percentage wise we're taking a very high likelihood that this happened during the dark hours.

Franz_Ferdinand wrote: »

I'm sure you'll agree there's no need for headlights during the day.

No, I use my lights at all times during the winter unless it's raining.

Franz_Ferdinand

Strider590 wrote: »

Jump? No

Apply logic? Yes

It's winter, it's dark from the time most people set out for work, to the time they get in their cars to head home. So percentage wise we're taking a very high likelihood that this happened during the dark hours.

It happened in March.

Strider590

Franz_Ferdinand wrote: »

It happened in March.

Your trying to pick apart something that remains a valid point, why?