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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:
OrangeVase · 07/06/2015 20:04

Do not claim. Do not pay. Nothing to do with you or your insurance. How ridiculous.

Icimoi · 07/06/2015 20:08

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?

No, the driver still wouldn't be liable. Due to the fact that the driver hasn't been negligent, and the passenger wasn't acting on the driver's instructions or under the driver's authority.

QueenStromba · 07/06/2015 20:11

Your reply would sound to me like you were agreeing to pay for it - I think you need to specifically tell her tomorrow that you're not since it's got nothing to do with you. I hope they gave you some petrol money at least.

fascicle · 07/06/2015 20:20

TTWK and RoastitBubbly - are you lawyers? I'm interested to know the part of the law that makes drivers responsible for the actions of adult passengers. And what about foreseeability (or lack thereof), the fact that it was probably dark, and the fact that the OP's actions/lift sharing might be seen as beneficial to society? I'm no expert, but from what I understand about negligence, these are relevant factors.

RoastitBubblyJocks · 07/06/2015 20:21

Icimoi that's incorrect.

The driver hasn't been negligent but one of the vehicle's passengers has been. And primarily it's the car that is insured (for your liabilities to third parties) rather than the driver.

If your car was stolen and the thrives ran someone over, it would be your insurance that would pay for their injuries, as your insurer is insuring your vehicle.

Maybe83 · 07/06/2015 20:24

This reply has been deleted

Message withdrawn at poster's request.

GatoradeMeBitch · 07/06/2015 20:24

I seriously doubt you would be liable! It's like someone coming to you and saying 'You know that hammer you lent me? Well a friend of mine dropped it on my hand, so now you owe me money.'

Just tell her no, it's nothing to do with you.

Original poster
MamanOfThree · 07/06/2015 20:26

Even if she is 'legally' right, it still wouldnt be morally right though ....
I hate this system where people are always seeking compensation for anything and everything.

Queen you are totally right. I need to have a word with her tomorrow.

OP posts:
SiobhanSharpe · 07/06/2015 20:26

But she is not claiming for her injury, she said her hand was fine, only for damage to her property: her rings and watch. If she has household insurance that covers her belongings outside the home, as many policies do, surely that would be the way to go? And incidentally, OP, did you see the damage? I think I would want to check.....

SuckMySquallop · 07/06/2015 20:27

I've had a similar situation in the past.

Let me clarify it this way - insurance does NOT cover this as no physical injury, loss or other vehicle is involved.

Any insurance comes solely from cover of the rings/watch/jock strap of the person whose property it is OR from the insurance of the person who slammed the door (which in this instance is NOT the driver).

So unless anyone can prove to the contrary, there is NO basis for a claim off the driver because it is sweet fuck all to do with them.

OP - tell your "colleague" to fuck off and claim compensation from that!

Original poster
MamanOfThree · 07/06/2015 20:28

I'll check with my insurrance too but even if TTWK and co are right, I will 'suggest' she checks with her home insurrance too.

OP posts:
Original poster
MamanOfThree · 07/06/2015 20:29

I haven't seen her since Friday evening so no I haven' seen the damage.

OP posts:
bumbleymummy · 07/06/2015 20:33

I also think she is very cheeky to try to claim for this. Also a bit Hmm about how rings and watch strap could be damaged in the same 'trapped in car door' incident.

Fluffcake · 07/06/2015 20:36

What is your excess OP? You may want to suggest that she pays this if she pursues a claim. Jewellery repairs will probably be less than excess.

pluCaChange · 07/06/2015 20:38

That really is a special degree of it-must-be-someone-else's fault!

BifsWif · 07/06/2015 20:39

You can't insure something you don't own - ie her rings. You would not be covered under any policy in the world. If she has contents away from home cover, she can try and claim through that.

Thisismyfirsttime · 07/06/2015 20:40

Roastit but a stolen car is uninsured surely as it was taken without consent? If your car is hit by a stolen car the registered keeper isn't responsible and neither is their insurance company. In the same way I'm insured to drive any other private car under my insurance as long as I have the owner's consent. If I don't I am personally liable for any damage caused and the owner can claim but under the theft part of their policy. (That is my understanding.)
Sorry OP as that wasn't relevant to your question. I would just tell her no incredulously and see where she goes from there, she sounds like she's just trying her luck!

RoastitBubblyJocks · 07/06/2015 20:41

From AXA's car insurance policy wording:

Section C - Your legal liability to other people

What is covered

3. Any passenger travelling in or getting into or out of your car

Ps- you don't pay an excess for a third party claim.

eyebags63 · 07/06/2015 20:44

No idea on the legalities but I think this really is taking the piss. You do her a favour and she wants you to pay out for an accident caused by somebody else? I would tell her to fuck off.

iwaly · 07/06/2015 20:48

I would delay calling the car insurers as once you tell them about the incident they will record it on your file and even if you do not pursue a claim they still hold it against you. It may come to it that you have to call them but wait and see if you can resolve it with A and B first.

Manic3mum · 07/06/2015 20:49

and the moral of the story is - don't give lifts to anyone, ever!
Cheeky grasping cow.

RoastitBubblyJocks · 07/06/2015 20:54

Thisismyfirsttime it's all geared towards the injured party being the innocent and so not being out of pocket.

So if there is an insurer they can pin it to, then they'll have to take it.

BifsWif she's not insuring something she doesn't own! It's her liability to third parties! That's like saying if you drive into someone's house your insurance won't pay for it as you don't own it Confused

Original poster
MamanOfThree · 07/06/2015 21:02

Well I would have though I was completrely innocent of the accident and not involved at all whereas colleague B IS involved.

I have no idea of what the excess would be. Just as I have no idea by how much my insurrance will go up.

With all that talk about 'Im responsible because it's my car', is it really OK for colleague A to ask me to pay for all that even though I'm not the one who caught her fingers?
Is it really OK for her to ask me to pay for her repairs (because seen the cost with excess etc, it could well be cheaper for me to do so)? Because in the end, it smacks to me of someone who is trying to get someone else to pay for something they have nothing to do with.
A bit like if she had damaged her hand bag and was asking a randon person walking passed to pay for it just because she doesn't want/cant pay for it herself.

OP posts:
fascicle · 07/06/2015 21:02

Thisismyfirsttime I too am sceptical about liability for personal injury caused by somebody stealing your car. Sounds utterly bonkers and I have never heard of any such cases. Why should a thief benefit from a victim's insurance? Why do insurance companies require many details about the person buying insurance if the cover actually extends to anybody who can get their hands on the car?

Roastit
According to ROSPA (Royal Society for the Prevention of Accidents), it is the responsibility of adult passengers to ensure they wear seatbelts, not the driver. That would suggest to me that the driver might not automatically be responsible for other adult passenger actions. Have you got any legal sources on this, rather than AXA? And are you a lawyer?

Original poster
MamanOfThree · 07/06/2015 21:04

Shouldn't the liability of colleague B not involved rather than mine? After all colleague B will have some thrid party ;iability with the house content insurrance too?
A bit like if you accidentally push someone and they get injured, the injured person shuld be able to claim too.

Or is it just because it's about a car? Confused

OP posts: