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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To refuse to pay

135 replies

MamanOfThree · 07/06/2015 17:39

Went out with three colleagues of mine on Friday for an office do. I was driving.
As we were getting in the car colleague B managed to shut the door onto the hand of colleague A.
I sent a text to colleague A this am to check that her fingers were OK (she said it was fine on friday evening). Her answer was that yes her fingers are OK, no problem at all. However, two of her rings got badly damaged as well as the strap of her watch. She is asking ME to pay for the repair and to claim via the insurance of the car.

Now my issue is that
1- it's not me who closed the door on her and but colleague B. I was nowhere near them at the time (ie on the other side of the car) so really they should sort it between them.
2- This is not an issue with the car being dangerous etc... It was an accident due to bad timing/not being careful (s drunk?)
3- but if I do put a claim, then I am the one who will see the insurrance premium going up.

So AIBU to say that no I'm not going to pay/claim through my insurance?

OP posts:
Moreisnnogedag · 07/06/2015 18:16

My new favourite response. You could pop it on your desk.

To refuse to pay
hibbledibble · 07/06/2015 18:19

I would be very surprised if your car insurance would cover this.

I would suggest she claim on her home insurance and think she was a cheeky mare

TheFairyCaravan · 07/06/2015 18:22

Surely if her hand would be injured in some way if it was shut in a door hard enough to damage her rings? Also, how on this earth can a watch strap and rings get damaged, there is about 6ins between mine!

Tell her to get bent and sort it out with colleague B!

contractor6 · 07/06/2015 18:28

Never offer her a lift again!

Turquoiseblue · 07/06/2015 18:36

Wow.
I certainly wouldn't bring in any insurance details to show her as a pp suggested!
Unbelievable cheek!
I think the advice to contact your insurance company for down informal advice yourself is a good idea - in case she brings a small claim against you.
You could also tell her you contacted the insurance company and they have stated that your insurance would not cover such a claim but the company advised she should try her own jewellery / house insurance (I have seperate insurance on a few valuable items ) just to appease the situation Wink
I would be tempted to text her and ask her what she is going to do about the paintwork that has been damaged in your car if she keeps harping on about it WinkWink
She s either very entitled with no sense of responsibility - or a complete chancer/ scammer!

TwinkieTwinkle · 07/06/2015 18:40

This has actually made me laugh! What a cheeky mare. Imagine even thinking that, let alone actually asking it!

ImSoCoolNow · 07/06/2015 18:45

YANBU! Cheeky cow. Don't pay, don't even entertain her with an argument! Ask her for fucking petrol money!

yellowdinosauragain · 07/06/2015 18:46

Don't discuss your insurance with her. Even if your insurance would pay that's so not the point. The point is that this is absolutely nothing to do with you so don't legitimise her request with an excuse. Don't suggest solutions like her own insurance either, for the same reason.

Stick to 'it's between you and b and I won't be paying for the repair'

Definitely never give her a lift or do her any kind of favour again.

BreadmakerFan · 07/06/2015 18:48

If her fingers were trapped why is her watch damaged? Hmm

Not to you to pay. She's trying a fast one.

TagineKaput · 07/06/2015 19:09

How ridiculous, of course you shouldn't pay.

TTWK · 07/06/2015 19:19

All motor insurance policies cover injury to passengers, including injury getting in and out of the car. So it is covered. But in order for her to make a successful claim against you, she has to show you were negligent.

Now legally, the tricky bit is that she herself wasn't negligent, as she was injured by another passenger. But drivers, like employers, can be held vicariously liable for the actions of their passengers. In the same way as if a passenger opens their car door and takes out a cyclist, that's a valid claim from the cyclist against you under your car insurance, even though you did nothing wrong.

Eg. If you are injured at work by the negligence of another colleague, you can make a claim under the employers liability policy your employer holds. Because although your employer did nothing wrong, neither did you, so they have vicarious liability.

I think the same applied here. The injured person did nothing wrong, and was hurt by your passenger, for whom you are vicariously liable.

The best thing to do is phone your insurers and ask to speak to someone senior in claims. You won't get a reliable answer on something this technical from some helpline bod on minimum wage.

But legally I think you may be in the frame.

debbriana · 07/06/2015 19:23

There is a saying that my dp has which is "no good deed goes unpunished" your the classic case of somebody who helps then gets the punishment.

Content insurance should cover it. Don't even get involved in the stupidity.

ttc2015 · 07/06/2015 19:34

It's a shame for her but if anyone it should be the idiot who shut her hand in the door. Plus the rings and watch should be insured if valuable. I wouldn't speak to your insurer unless she tries to push it, you'll see how she is on monday.

TTWK · 07/06/2015 19:40

If we put the boot on the other foot, and to use my example from my post above, if any of you were cycling along the road, past a parked car, and the passenger sitting behind the driver opened their door, taking you clean out, I'm sure you'd all be looking to claim from the driver's motor insurance. You wouldn't bother with the passenger, you'd just take the reg number of the car involved. You were injured by the car door, and you weren't at fault. And without doubt you'd have a valid claim.

This woman is in a similar position. She did nothing wrong, and suffered an injury being hit by the car door.

Original poster
MamanOfThree · 07/06/2015 19:41

I don't think she is lying. It was dark so she wouldn't have seen exactely how the rings were until she got back home.
She took the rings off immediately in case of swelling, which was the right thing to do.

What annoys me the most is tke total lack of responsibility there. It was an accident. Accidents happen. Why the need to always find someone responsible (even under 'vicarious liability' as TTWK said)? Is it really not OK anymore to say 'that's crap. It will costs me £xx but that's just how it is.'

OP posts:
SoupDragon · 07/06/2015 19:44

There's no need to be rude to her, a simply "I'm sorry, but it's really not my fault. You'll need to check to see if your house insurance covers it" will suffice.

Original poster
MamanOfThree · 07/06/2015 19:45

It just wouldn't come to my mind to do that tbh.

With the example of the cyclist, if the person was injured, then that's something else. You would want to be sure that you get the physio if you need it or some money if you are out of work because of it (and you just get minimum pay for example).
But for that?

OP posts:
Original poster
MamanOfThree · 07/06/2015 19:47

I haven't been rude to her Soup. She was going on about needing to have a quote for the repair and how hard it was blabla. I just said 'Ok. See how much it will be' and left it at that.
Tbh I was gobsmacked and didn't think about anything ele to say apart from being very neutral and calming things down a bit.

OP posts:
RoastitBubblyJocks · 07/06/2015 19:48

What TTWK said.

As ridiculous as it sounds, you are liable for this.

She's still a dick asking though, and I'd very much doubt her rings and watch strap were damaged...

Tell her to claim on her own insurance policy though.

Only1scoop · 07/06/2015 19:49

Yanbu

Friends don't do this

RoastitBubblyJocks · 07/06/2015 19:51

Okay, here's a non-interference example.

You are parked in a supermarket car park. Your dopey friend flings the rear car door open and into the bodywork of the car parked beside you, denting it.

Can you see now why you would be liable?

Shakey1500 · 07/06/2015 19:52

That's the most ludicrous thing I've ever read Shock

RoastitBubblyJocks · 07/06/2015 19:53

Lol. Non-INJURY example!

Signlake · 07/06/2015 19:58

There is no way you should pay!

I have no idea why she would even suggest it
Confused

eggsandwich · 07/06/2015 19:58

You should absolutely not pay and any financial compersation should be discussed between her and colleague B, she's taking the piss so maybe next time she wants a lift after a night out I suggest she gets the fucking bus!