Safe Speed Forums

I was driving to see my family last year when passing a parked car there was this loud bang my car jolted and my mrs yelped. I pulled over as the mrs was in the process of telling me that the muppet that was parked just opened his door without looking.

The inpact caught my wing his door entered the gap between my door and wing pushing my closed door back half an inch putting a hole in the bottom of A pillar and cracking my windscreen.

I get out my mrs tells me not to kick off I approach the bloke who throws his arms into the air and says sorry mate just didnt see you. I say fair enough thats why we have insurance exchange details and leave.

I then recieve notice from the insurance stating that they want to settle 50:50 as he is saying his door was open and I drove into an open door.

How stupid are the insurance there is NO damage to the front of my car at all the first impact is halfway down my wing above the wheel.

I have told the ins and the lawyers not to settle 50:50 and we will go to court i have a witness (although not independant).

So now after a phone call chancing up i get told it was settled a couple of months ago 50:50. Great a cheque for £540 and and accident recorded on my file I have told the ins this aint on and they said they settled because they couldnt contact me(rubbish) I have had letters regarding the hire car.

Aaargh What do i do I`m so annoyed i guess one moral is never use the insurance`s lawyers get your own

Indeed. Insurers' lawyers are not loyal to anyone but themselves in the first place. They are assured of their cut win or lose.

But unfortunately - they look at the balance of probabilities of winning in a civil case and it does depend very much on how the judge on the day "prefers one version against the other". Gift of gab .. and he might say your wing caught his door as you drove past.

Moral of the story - always use a dictaphone or use the recording option on your mobile phone (about the only time when I'd say one's useful to have when driving .. ). If that guy admitted liablitity at the time - then you'd at least have evidence to prove what he did say. I also always have digital camera on my person as well.

Not much you can do other than to chalk to experience. I'd still write a letter informing that they acted without your written agreement to close this case. Even so .. they ain't in business to protect anyone's interest but their own and they have us all over a barrel in that we all are required by law to pay out good money for more or less lousy services in reality.

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It's possible to sue your insurance company for your (eventual) losses. I'm guessing it'd be a small claims action, which is cheap enough to get into.

I can't make up my mind if its a good idea or not.

The damage is your best witness. Have you got good evidence of the exact damage? Photos etc?

FWIW I always try to leave a full door's width from OCCUPIED parked cars.

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Damage doesn`t really prove anything in the end i could drive into the back of someone but say he reversed at speed into me. it comes down to probability but I ask what is the probabilty of me driving into his open door
this is where i say if your in an accident always say your injured and phone the police let them deal with taking statements that can then be used. bearing in mind its an offence to open a car door in a dangerous or unsafe manner
apparently even though he admitted it even if he had written it down it wouldnt matter as he was in shock at the time.

I usually do but its a busy main road an he was in a 2 seater bmw and they have longer doors.

I don't think it does, not in this case. From your description, it seems you were caught by a door in the process of being opened, as opposed to you hitting a stationary door. I would say it is worth having another go.
I'm guessing you don't have photos showing the damage to your car, but you can always try to get the garage that did the repair to make a statement describing the damage.

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Hiya smeggy

Unfortunatly both cars were written he was fully comp so got a new car i was 3rd party so get a cheque for buttons. the insuarance and the engineer`s have pictures.

At the moment its back with the insurance apparantly with a claims handler(18yr old office jnr prob)

I tried to speak to the actual person who made the decision but they wouldn`t maybe he`s a magic 8 ball.

i had a phone call a couple of weeks ago from a new lawyer saying they will start putting a case together as it looks like we could win in court then a few days later they phoned back to say oops its settled 50:50

As I drive 75k miles a year and have full NCB i Hate the fact that now i have a claim against me lucky i have protected NCB

I should not really post this .. but should it happen again.. play the system. I will leave it to you to think out as to how .. as I cannot possibly comment

But as the Mad Doc acidly commented .. they got you over a barrel. You can try to appeal. Nothing ventured.. nothing gained after all.

I suppose being minor.. no police involved and in any case in a "minor" we'd advise normal obligations of exchanged details.

I would suggest writing back to solicitor stating your case as you perceive it to be - with photos and your account of what he did say at the time in front of your witness who just happens to be your own wife. Mad Doc's quite right in suggesting trying to get hard evidence of admitting liability. Use your mobile phone or anything at disposal to record what happened. It may not be a criminal matter for the police - but it can help in a civil dispute. Heaven help me - but in cases like yours - I begin - with some blushing cheeks - to think mosis (daft poster of the past ) might have had a point with his hidden cams in the car

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Humm.. AFAIR from the moment the insured (your or him) admits it's their fault the insurance companies legal right to go to court in your name is negated - and so they can withdraw cover. The last thing you want to hear is 'Sorry I didn't see you" or similar as from that time they are no longer insured and you would have to sue the individual.

Unless the rules have changed?

Barkstar

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