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Car hit my car door while I was putting baby into car and OMG it is my fault!!

53 replies

meglet · 30/09/2008 14:48

Has anyone else experienced this, i can't beleive it's how the law works.

Last friday evening I was putting 3 week old DD into my mums car and putting the seat belt round her car seat when another driver hit the car door which then smashed into me. The road was clear when I started and it is not on a corner (ie; good visibility), I had to use the road side of the car as DS was in his toddler car seat on the other side. Luckily DD was ok but I took the force of the impact, 3 weeks after a cs too . The other drivers wing mirror was damaged and my mums car has a dent in the door. We were in a quiet residential street, it was night time but the street was well lit and with plenty of room for the other car to pass.

According to the insurance company it is my fault for having the door open . So it seems that it is fine for the other driver to either A) not be looking where he is driving or B) Hit our car as he can't be bothered to slow down or stop. Apparently if I had closed the door and he had hit me directly it would be his fault.

Any advice??!! I'm glad DD and DS are fine but a bit hacked off the other driver is seen to be in the right.

OP posts:
onadietcokebreak · 28/03/2009 12:04

Glad you finally got it sorted!

blushingm · 28/03/2009 14:24

this happened to dh - he was putting dd in her cars seat and a silly old woman drive into the door.

we prooved that it was her fault as she had damage all down the wing, a post and door frame. All excess was returned as was ncb

i work in insurance and it happens ALOT. You weere there to be seen and didn't open the door into a passing car - a passing car hit your door

tell insurance you want a manager dealing with it as you have no confidence in the current negotiaror - they sound rubbish IMO

risingstar · 29/03/2009 09:22

Is this your insurer that is saying this, or theirs? If it is yours, then the decision has been made by a junior member of staff and you should complain to the Claims Manager in first instance. The person dealing with the claim has probably got a scrap of paper (or computer equivalent) that says, "if policyholder opened the door, admit liability". If you had been stationary and flung the door open, you would have been responsible. You weren't. You already clearly had the door open and were there to be seen. If there is sufficient room for a car to pass safely, you were doing nothing wrong. Were you injured? If so, get a solicitors view on it.

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