Car Insurance Claim

[wubblybubbly]

Not sure if this is the right place to post or whether anyone can help?

Driving to GP on Friday along a narrow road, cars parked both sides, only just enough room for 2 vehicles to pass.

I heard an enormous bang, pulled over and my passenger side wing was gone

Turns out a chap parked on my left hand side had been standing next to his car, slipped on the ice and his door opened up onto the wing/front passenger door of my car.

The chap was really apologetic, said it was entirely his fault, phoned the police (not interested, no-one injured} and said again to the police that it was entirely his fault.

I'm only 3rd party, fire & theft, my insurers aren't interested. His insurers say it's a 'no blame' situation.

My front bumper/headlights are totally entact, not a mark on the them. The door obviously hit my vehicle when my front end was past his door.

What can I do? I can't drive my car, not sure if it's legally road worthy, no one is interested in looking at my car or the damage. Is it just tough luck

[nocake]

His insurers seems to be trying it on. Do you have legal cover with your insurance? I suggest you give them a call and ask about making a claim against his insurance.

[wubblybubbly]

Thanks for replying nocake. That's what I think too, but I wasn't sure.

I'm afraid I've got no legal cover either, don't know why, I should've checked these things earlier.

I've spoken to my insurers again and they've said they'll speak to his insurers and will try to help me build my case. I think they've become interested now as it seems his insurers might be trying to claim under my cover due to this 'no blame' nonsense.

I hope so anyway, at least that way I'll have someone on my side.

It's a steep learning curve. If I ever manage to get a car on the road again, it will be fully comp next time.

[Resolution]

Issue a small claims against him if his insurer's don't pay. It isn't no blame. He shouldn't have been opening his car door when you were passing, and should have taken into account the slippy conditions. Find out the cost of replacement firt though, and phone or write to him asking him to pay up. You may find he'll agree. It might be under his insurance excess anyway. If he soesn't agree, sue him. It's an eaasy process, and the worst that can happen is you'll lose the court fee.

[WestVirginia]

Ask the Police for a certified copy of the log recording the conversation reporting the accident.

You could go to a Police Station and report the accident.

[wubblybubbly]

Thanks for the advice Resolution, I really appreciate you taking time out to reply

I've been worried sick about his, I honestly don't think I've stopped shaking since it happened.

I've spoken to one of these accident claims companies for some advice. Now, I swore I'd never go down this route, but the sea change since I've talked to them has been amazing.

I've explained all that happened and they agree with you, he is to blame. They've passed the case onto the solicitors to persue. In the meantime, I'm getting a courtesy hire car delivered later today, so I'll be mobile again.

It annoys me that I've had to go this route tbh, I would much rather have just gone through his insurers, but I feel they've forced me into this. It's their look out really, no doubt the total costs will be much higher this way, but all I wanted was my car fixed and to get back on the road.

I'm still a little nervous about the whole thing to be honest. It all seems to good to be true

Sorry for the blathering on

[wubblybubbly]

West Virginia, I have thought about that. I wondered if they would have recorded the call if it was a 999? I'm no doubt being over dramatic it's not like it's the crime of the century I know.

I've explained about the phone call to this claims company, so I'm sure if they need me do anything else they'll let me know.

The feeling of relief they've given me since talking to them is incredible. This is surely what insurance is meant to do, I guess that's what I get for getting 3rd party, F&F. I'll not make that mistake again.

[girlynut]

There is little point issuing proceedings against him, as he will simply pass the matter to his insurer for it to dela with under the subrogation clause in his policy (the insurer has the right to stand in the policyholder's shoes and act on his behalf)

His insurance will only pay for claims where he is legally liable for the damage caused. All this "where there's blame, there's a claim" stuff is nonsense. just because you blame him, it doesn't mean he is liable. He has to be at fault for the accident by acting negligently.

Your case will turn on whether he was negligent in opening the car door as you were passing i.e. could he foresee the liklihood of an accident but went ahead anyway.

From what you've said, it doesn't sound like he deliberately opened the door as you passed (which would have been reckless behaviour) but rather he slipped which caused to door to swing open. I think it's arguable that he wasn't at fault. He didn't act in a negligent manner.

But it's good that you've got a claims management company to act for you. They'll negotiate with the TP insurer and you may get somewhere.

[girlynut]

*deal with

[wubblybubbly]

Thank you girlynut. You seem to know what you're talking about

I'm hoping the negligence part will come in with him parking on double yellow lines, way out from the kerb, standing by his car and holding open his drivers door, standing on a patch of snow, all whilst there is traffic passing by.

There were parking bays further up the road and also on the other side of the road.

If I return to my car and there is traffic passing by, I wait behind or in front of my car until it's clear and safe to enter my car. He was on his way to work, so perhaps he was rushing, I'm not sure.

I'm just keeping my fingers crossed now. The claims management company are adamant that he was at fault, so we'll see.