Money Moral Dilemma: Should I claim on my friend's car insurance for the accident I was injured in?

tewsona

CapeTown said:

How can you not realise that you are pulling someone along. Also my door open light would stay on if something was trapped. And you should always check your mirrors ... both left and right before you move off. Driver would appear to be at fault here. IMHO 

You do realise that cars are carrying perhaps 2 tons of weight in all? How is someone supposed to notice the difference of a few Kgs when they lift the clutch or if it is an Automatic?

Your door light would also definitely not stay on.

Your mirrors show the bottom of the doors at all times too right?

Nonsense post....

DullGreyGuy

CapeTown said:

How can you not realise that you are pulling someone along. Also my door open light would stay on if something was trapped. And you should always check your mirrors ... both left and right before you move off. Driver would appear to be at fault here. IMHO 

Who says they went any more than 1-2 foot? The OP's injuries are consistent with a fall not being dragged. 

I think you need to double check how you have your wing mirrors set as you shouldnt be able to see the bottom of the passenger door in them to be able to either see a coat stuck in them or, as is more common, a skirt sticking out of it. Clearly we dont know the thickness of the coat or the tolerance on the door. Having had a very annoyed wife with a wet corner of her skirt its certainly possible for a door to be closed on fabric and for the car not to record the door as still being open.

CapeTown

tewsona said:

CapeTown said:

How can you not realise that you are pulling someone along. Also my door open light would stay on if something was trapped. And you should always check your mirrors ... both left and right before you move off. Driver would appear to be at fault here. IMHO 

You do realise that cars are carrying perhaps 2 tons of weight in all? How is someone supposed to notice the difference of a few Kgs when they lift the clutch or if it is an Automatic?

Your door light would also definitely not stay on.

Your mirrors show the bottom of the doors at all times too right?

Nonsense post....

Sorry but many cars are not 2 tons. My door light would stay on and you should check your mirrors before you drive off. If someone is standing close to the door you would see their torso. They are trapped by their coat. It is one of the first rules of driving. Check mirrors before moving

DullGreyGuy

CapeTown said:

tewsona said:

CapeTown said:

How can you not realise that you are pulling someone along. Also my door open light would stay on if something was trapped. And you should always check your mirrors ... both left and right before you move off. Driver would appear to be at fault here. IMHO 

You do realise that cars are carrying perhaps 2 tons of weight in all? How is someone supposed to notice the difference of a few Kgs when they lift the clutch or if it is an Automatic?

Your door light would also definitely not stay on.

Your mirrors show the bottom of the doors at all times too right?

Nonsense post....

Sorry but many cars are not 2 tons. My door light would stay on and you should check your mirrors before you drive off. If someone is standing close to the door you would see their torso. They are trapped by their coat. It is one of the first rules of driving. Check mirrors before moving

The average car has a kerb weight of 1.5 tons plus then the driver, passengers and any contents of the vehicle so still sufficient differential from the couple of KG added by tugging an upright person.

Again, only very badly adjusted mirrors would show a trapped coat, setting them to avoid this risk will mean you are not seeing behind you sufficiently which has a much higher risk of accident. 

Yes you will see the person standing there but then with half my relatives if you drop them off they'll be standing right on the edge of the kerb to wave us off and so there would be nothing untoward from seeing them there. Our family is certainly not unique in this and I'm yet to see anyone demand that the person they are leaving takes several steps back from the kerb which would be the only way the trapped clothing would have been identified by someone with reasonably adjusted mirrors.

BethP

I would not make a claim against my friend’s car insurance.  It was the passenger’s own fault for not ensuring she cleared her coat from the car door.

facade

CapeTown said:

Sorry but many cars are not 2 tons. My door light would stay on and you should check your mirrors before you drive off. If someone is standing close to the door you would see their torso. They are trapped by their coat. It is one of the first rules of driving. Check mirrors before moving

I suspect the whole case is hypothetical, but based on a real scenario.

However, we should always give the poster the benefit of the doubt and believe their story.

Living in The Real World rather than a Highway Code fantasy, a significant number of drivers would be looking to frantically accelerate away from the kerb pretty much under the wheels of the car about to overtake them the instant they hear the door shut, rather than meticulously checking all round the car for obstructions (they sometimes hit something that has "appeared from nowhere" right in front of them because they are looking backwards at what they are trying to beat rather than where they are going)

Also in The Real World, I find that it doesn't take much of a surprise push/pull/restriction of my movement to cause me to lose my balance and fall. If I see it coming, I can brace for impact, if I'm unaware my shoelace caught under the front door will have me over.

Combining the two, it is perfectly believable that the op could catch just the edge of their coat in the door sufficiently for the surprise tug from the car to cause them to lose balance and fall and the driver to be unaware. They didn't need to be dragged along like some 13th century execution, just caused to fall suddenly.

The light wouldn't stay on if it were a piece of material just caught in the crack of the doorframe, possibly between a front and rear door.

And yes, driving off whilst that close to a pedestrian could be considered careless IMHO, a pedestrian could stumble and fall, or step sideways around Something Nasty  and overhang the kerb.

To answer the question posed

Claim if the money will fix the injuries, e.g. pay for therapy, dressings etc.

Grey_Critic

ACCIDENT

**an unfortunate incident that happens unexpectedly and unintentionally, typically resulting in damage or injury**

Think that answers the question - do you want to make a claim against the drivers insurance - taking into consideration the long term costs that may be incurred due to the injuries suffered.

maisie_cat

The driver will need to report the incident anyway and admitting that they pulled away without checking that the passenger was clear will increase the drivers risk anyway. The passenger not checking that they were clear is also negligent so may reduce any payout. As that's the case, might as well claim and risk losing the friend

DullGreyGuy

Grey_Critic said:

ACCIDENT

**an unfortunate incident that happens unexpectedly and unintentionally, typically resulting in damage or injury**

Think that answers the question - do you want to make a claim against the drivers insurance - taking into consideration the long term costs that may be incurred due to the injuries suffered.

In relations to third parties motor insurance doesnt cover "accidents" it covers "liability", this liability normally stems from the tort of negligence. This is doing something a reasonable person wouldnt do or failing to do something a reasonable person would do. 

sheramber

has the passenger not got a responsibility to ensure they and their clothing are clear of the door before closing it?