Insurance liability question - car [sorry!]

Yesterday afternoon, I had parked the car at the side of the road before
crossing to our village shop. I had the door slightly open and a passing
car went into the trailing edge of the door, neatly chiselling it into the
frame and front wing. Impact is clearly on the edge of the door; that is,
it's not as if she went into a door which was already wide open. Impliedly
she wasn't much more than a foot from the side of the car as she passed -
or, rather, didn't! Damage to her car [Peugeot 206]: dented plastic bumper
and broken mirror. Damage to my car [Saab 95 estate, 2001]: door, wing,
bonnet, probably frame and it's undriveable, of course. Damage to me: none,
but it was *that* close!

Will I have to grin and accept 50:50 [plus excess and NCD damage], or is
there a clear liability upon the moving car to allow space for stationery
vehicles? How likely is an insurance company to bother to fight.

 

Viritable Rosbif scribbled on the back of a napkin:

You weren't in the process of opening the door by any chance, like,
without looking?

My guess is that they'll try - OTOH it sounds like the other party hit
a stationary/parked car.

Did you get plod involved? There may be a spot of "without due car and
attention" around here somewhere...

 

Ta. Will check.

DL? I'm now pondering on how lucky I was. A femto-second later and - head,
leg, the lot.

 

Me? With *my* reputation? I was about to get out, thus the door was open,
and I was looking. She came round a curve and ... wallop! The door was
<35cm open, which is why it was driven into the car and not ripped off its
hinges. I suppose I should have been more carefullerer, but ...

Of course they'll try. I was trying to get a feel on comparative
liabilities, and the stationery/parked argument is what appeals - obviously!

No plod. Still, insco have been super-efficient and I'm off now to get
estimate and courtesy wheels. Thanks.

 

Erk. It's probably not good news.


There's no stipulated minimum distance for passing parked cars - you've
just got to leave a sensible or reasonable gap. If you think about it,
stipulating a distance is impossible, because you might be in a narrow
street where it's impossible to keep to it......

If you were opening the car door, there's a strong chance it'll be
taken as your fault, unless you can find a witness to say she came
hurtling round the corner at XXX mph

Have a look at this:

http://www.insureyourmotor.com/car-insurance/parking-your-car.asp

A lot will depend on where you were parked, how far from the nearest
corner, width of the road, etc etc - but on the face of it, even though
she might have been driving like a twat, oening a car door into traffic
is something that puts a hell of a lot of responsibility on you.

Sorry to be the bearer of possible bad tidings, like.

 

In uk.rec.motorcycles, Véritable Rosbif amazed us all with this pearl of
wisdom:

Yes, and just think if your door *hadn't* been open but one of your kids
stuck their head out the window instead. Think of the children!

 

No, fair enough and thanks for the link. I'm simply trying to get a fix on
my chances of insisting that the insurers play hardball, at least to begin
with.

Gods, haven't little cars improved in recent years. They've given me a
Corsa. Power-steering, steering-wheel controls for the radio, electric
windows and mirrors. I couldn't find a hole in the front for the
starting-handle, or hangers for the brass bull's-eye acetylene lamps.

 

In uk.rec.motorcycles, Véritable Rosbif amazed us all with this pearl of
wisdom:

Oh yes, must think of the children.

An old "RadioActive" ripped up consumer programmes about 20 years ago.
"Lynn Faulds-Over" was berating a decorator for leaving his ladder up and
unattended in a house. "Ut's verra, verra deegenrous. Just think if a
small child had picked the front-door lock, got into the house, filled a
bowl with water, carried it from the kitchen to the lounge, taken his shoes
and socks off, climbed up the ladder with the bowl, stood in the bowl of
water, taken out the lightbulb and put his finger into the socket. He'd
moooost probably be kiiiiiilled. Ut's verra, verra deeeeengerous."

 

heh. Haven't they just. I've got a loan Corsa while the front's
being put back on my Saab [1]. I suspect mine must be the 3 cylinder
version, but it makes a noise like no engine I've ever heard before.

[1] I accelerated onto a roundabout, having assumed that the guy in
front of me would also have pulled out. He decided not to, but I
reversed his decision for him quite quickly.

 

Direct Line.

 

BT,DT(on the zxr4),GTreallysorebollocksforafortnight.

 

You twat.

--
_______
..'_/_|_\_'. Ace (brucedotrogers a.t rochedotcom)
\`\ | /`/ GSX-R1000K3
`\\ | //' BOTAFOT#3, SbS#2, UKRMMA#13, DFV#8, SKA#2
`\|/`
`

 

"..What were you doing? We don't run into people in this country..."

 

FFS - "never assume"[1].

[1] though I ought not to have to tell a PM something as basic as this.

 

An entirely fair assessment, and rather more generous than the one I
gave myself at the time.

 

That must be one of the most common types of accident. I presume you
have to take a 100% hit for that?

--

Paul.
CBR1100XX SuperBlackbird
BOTAFOT #4
BOTAFOF #30
MRO #24

 

<grabs DSA's Driving: The Essential Skills from bookshelf>

(Mirrors, use of)

"Always use your mirrors before:

....Opening you car door.

THIS IS ONE OF THE FEW DRIVING RULES THAT IS NOT SUBJECT TO ANY
EXCEPTION OR QUALIFICATION, OTHER THAN IN AN EMERGENCY."

 

I did that in a BT van 3 miles and 10 minutes from the workshop where
I'd collected it after the previous self inflicted prang. IIRC the
workshop foreman called me a ****.

 

Bear says...

 

That's the no claims gone then.