car door accident dispute and insurance

smokey
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Joined: Wed Jul 25, 2018 9:25 am

car door accident dispute and insurance

Postby smokey » Wed Jul 25, 2018 9:40 am

The accident occurred in a private car park, with both cars reversed into car spaces. My partner was in the process of taking our toddler out of her car seat, when the car door got collected by the car next to us. Opening it beyond its normal range and then rebounding back into my partners legs. The usual swapping of info occurred and that was it.

The car next to us was a ute the very back corner of the tray collected the door, quite possibly being the pin which closes the tray doors.
The other driver was well aware of my partner taking the child out of the car.
The other drivers car is a fleet car from work. The car has insurance.
We dont have insurance, and yes i know, I let it lapse and then did nothing about it.
I know that the road rules state that any door accident, the car door owner is aat fault. (Saying that we would be at fault, which I dispute).
The insurance company has said to me that they are not at fault, however I have disputed with them on this matter of who was acting first, the other driver should have checked his mirrors, and so I think is negligent.

I have sent the insurance company our side of the incident, and then sent them a quote (I have another coming via email today) from a repairer.

As this is quite a grey area, does anyone have opinion or knowledge of how to go about this matter.
Greatly appreciated.

Hardy
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Re: car door accident dispute and insurance

Postby Hardy » Wed Jul 25, 2018 6:08 pm

I know that the road rules state that any door accident, the car door owner is aat fault

No they don’t.

If your car was stationary and your door was stationary for more than 5 seconds it is impossible to think of a situation which could make you liable for someone crashing into it. The road rules apply to criminal charges. They do not apply to negilgence claims. In a case of negligence the test is whether the driver kept a proper lookout, or should have forseen the problem and taken steps to avoid it. My guess is you thought the driver of the other car was competant enough to drive out of a parking lot without hitting your door. Maybe he did too. But he failed.You shouldn’t accept the opinion of an insurance company that rejects a claim like that.

allde
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Re: car door accident dispute and insurance

Postby allde » Sat Jul 28, 2018 11:55 am

Hey Hardy, is there an insurance ombudsman that people can speak to about their claim issues, just curious.

Hardy
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Re: car door accident dispute and insurance

Postby Hardy » Sun Jul 29, 2018 12:19 am


smokey
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Re: car door accident dispute and insurance

Postby smokey » Wed Aug 08, 2018 11:44 am

Thanks Hardy for your expertise & knowledge. Update is insurance finally got back to us stating hear say. Both versions could cause damage, however the main point being missed by the other is that my partner had our daughter in his arms already, so am going to ask people who came out following accident to write a stat dec of him having her in his arms. As why would he open the door, door gets knock backwards & still proceed to get child out. So hopefully that works in our favour. We’re also going to see legal aid.
It has been a very possibly expensive lesson learned. Pay your insurance on time!!
Thanks again!

Hardy
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Re: car door accident dispute and insurance

Postby Hardy » Wed Aug 08, 2018 12:26 pm

Legal Aid will not be any use to you. They don't do this type of case - even if you owned nothing at all. They tend not to get involved in "discretionary" litigation like this, especially for plaintiffs.

Your best bet is to ask a solicitor to sue the driver of the vehicle that hit your car. If you don't want to do that, then you probably won't get anywhere with this.

smokey
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Joined: Wed Jul 25, 2018 9:25 am

Re: car door accident dispute and insurance

Postby smokey » Thu Aug 16, 2018 2:53 pm

Hi again Hardy,
Before I write an email to the insurance company, I was wanting your opinion as to whether the other driver is negligent for his actions, as we now have his statement. Also in his statement he says "the other parties car has damage to its rear and possibly the drivers door" which if he saw or had an "image" it would show or he would have seen there was no actual damage to the front door so it makes me think there are no images of our car that he has supplied and that he is assuming there is damage.

This is the latest email from the insurance company

"
Please see below from our client:
Notes – my vehicle was parked with adequate space and central to the car park (image attached) as I drove out from the carpark I maintained clearance, the other party opened a rear door too far striking my vehicle, my vehicle sustained only a minor superficial scratch to the tray leaving some paint from the other vehicle (image attached), the paint was easily removed with a cleaning agent and no damage is present, the other parties car has damage to its rear and possibly the driver’s door also (image attached)

At this point there is a dispute in liability and we are unable to prove either version of events, our client believes he was in the process of driving out and you opened the door into his tray, where as you state the door was open for sometime and our client hit your door.
The damage to your door would support both version of events, you could have opened the door at the same time our client was moving off, your door could have court the tray and pulled the door back braking this hindges.

From the information to hand at this point in time we are unable to offer to repair your vehicle based on conflicting statements, If there were any witness details you can provide to our office we are more than happy to make further enquires and obtain their statements.



We have then seen the 'legal aid' (they are not legal aid per se', but similar). Their advice was to get a review from the insurance company of our claim and do a letter of demand as well or at least thats the next step if we get rejected again.

What we feel is that the other driver is missing the fact that my partner had our daughter in his arms, so if he didnt have her in his arms why would he have then continued to get her out and not leave her in the car whilst dealing with the other driver? taking a child out of their car seat is also a long process so would have taken time so the door would have been open for a few minutes already. The door would have also been in their blind spot so he should have looked in his side mirrors so that it is safe to leave the car space? (Im hoping is correct?)

I hope I have provided clear information for you and once again thank you for your time, it is greatly appreciated. Sorry that it is so long, I just wanted to make sure I was providing you with all the information.
Kind regards,
smokey

Hardy
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Re: car door accident dispute and insurance

Postby Hardy » Fri Aug 17, 2018 1:49 pm

Your best bet is to ask a solicitor to sue the driver of the vehicle that hit your car. If you don't want to do that, then you probably won't get anywhere with this.

smokey
Posts: 4
Joined: Wed Jul 25, 2018 9:25 am

Re: car door accident dispute and insurance

Postby smokey » Fri Aug 17, 2018 2:56 pm

Right, thanks. Will talk to my uncle who is a solicitor. thanks again


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