Taxi passenger opened taxi door into the side of my car. Who's liable?

shiraz99

rajd said:

Jenni_D said:

rajd said:

Given the situation - What would each of you do? 

Your insurance policy T&Cs probably already has a clause that you need to notify them of incidents like this - even if you don't make a claim (off your own policy).

But would you?

With incidents involving third parties like this I'd say it would be safe bet to do so.

TooManyPoints

With incidents involving third parties like this I'd say it would be safe bet to do so.

Indeed. You may find that the passenger suddenly claims that she had already opened the door and had alighted when you drove at her, forcing her to retreat back into the cab, injuring her back whilst doing so. And she's a stockbroker earning £150k pa and she had to take six months off work. Yes, far fetched, I know. But strange things happen when people are involved in seemingly trivial Road Traffic Accidents. After they get home, then talk to a few people down the pub about it, "recollections may vary". The incident suddenly takes on different dimensions and can have life-changing repercussions (for them and you).

Of course your insurers, faced with a bill of >£75k, will make earnest investigations into her claim. But they won't have to if you haven't told them about it. 

rajd

TooManyPoints said:

With incidents involving third parties like this I'd say it would be safe bet to do so.

Indeed. You may find that the passenger suddenly claims that she had already opened the door and had alighted when you drove at her, forcing her to retreat back into the cab, injuring her back whilst doing so. And she's a stockbroker earning £150k pa and she had to take six months off work. Yes, far fetched, I know. But strange things happen when people are involved in seemingly trivial Road Traffic Accidents. After they get home, then talk to a few people down the pub about it, "recollections may vary". The incident suddenly takes on different dimensions and can have life-changing repercussions (for them and you).

Of course your insurers, faced with a bill of >£75k, will make earnest investigations into her claim. But they won't have to if you haven't told them about it. 

Interesting point. And a very sad commentary on people. 

I think that's the rubbish bit now. I have to tell the insurance company and pay more in premiums for being the victim even if they don't pursue a claim and I pay out of my own pocket. I really hate insurance for putting people in this position. 

k3lvc

Only 7yrs difference but same location - maybe trawl through all this and see what the outcome was there

Was involved in a car accident earlier today, whos liable? — MoneySavingExpert Forum

rajd

k3lvc said:

Only 7yrs difference but same location - maybe trawl through all this and see what the outcome was there

Was involved in a car accident earlier today, whos liable? — MoneySavingExpert Forum

Wow good find. Thank you. This is exactly the same place. 

Car_54

TooManyPoints said:

With incidents involving third parties like this I'd say it would be safe bet to do so.

Indeed. You may find that the passenger suddenly claims that she had already opened the door and had alighted when you drove at her, forcing her to retreat back into the cab, injuring her back whilst doing so. And she's a stockbroker earning £150k pa and she had to take six months off work. Yes, far fetched, I know. But strange things happen when people are involved in seemingly trivial Road Traffic Accidents. After they get home, then talk to a few people down the pub about it, "recollections may vary". The incident suddenly takes on different dimensions and can have life-changing repercussions (for them and you).

Of course your insurers, faced with a bill of >£75k, will make earnest investigations into her claim. But they won't have to if you haven't told them about it. 

Surely if they get a bill for £75k they will investigate, whether the Op has told them or not?

jimjames

Is there damage to the taxi too?

rajd

jimjames said:

Is there damage to the taxi too?

No. Taxi drove off. His door looked fine. 
My car isn't even damaged that much. It caught on the edge of the bumper and wheel arch. So a 1.5 panel respray. 

I've contact him since and he said to leave him alone and it was only a little scratch but denies all liability. 

rajd

Car_54 said:

TooManyPoints said:

With incidents involving third parties like this I'd say it would be safe bet to do so.

Indeed. You may find that the passenger suddenly claims that she had already opened the door and had alighted when you drove at her, forcing her to retreat back into the cab, injuring her back whilst doing so. And she's a stockbroker earning £150k pa and she had to take six months off work. Yes, far fetched, I know. But strange things happen when people are involved in seemingly trivial Road Traffic Accidents. After they get home, then talk to a few people down the pub about it, "recollections may vary". The incident suddenly takes on different dimensions and can have life-changing repercussions (for them and you).

Of course your insurers, faced with a bill of >£75k, will make earnest investigations into her claim. But they won't have to if you haven't told them about it. 

Surely if they get a bill for £75k they will investigate, whether the Op has told them or not?

Yeah I think they would. But the text messages between me, the passenger and the taxi driver would throw anything out the window. She has text me admitting fault and that she would pay. 

Obviously then backtracked and while not, unadmitting (?) fault, said to claim off the driver instead. 

TooManyPoints

Surely if they get a bill for £75k they will investigate, whether the Op has told them or not?

I'm sure they will. If their enquiries lead them to believe their insured was at fault, they may have to pay out (RTAct). But they might invoke "Plan B" which will enable them  to pursue their policyholder for reimbursement as he did not comply with the terms of his policy.