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Discussion Starter · #1 ·
Hey guys, on friday 13th.... I parked up on the right hand side of a quiet private road (facing oncoming traffic) I got out the car and my friend left his bag in the car so he opened the passenger door to get it. A car then turned into the road so my friend (still leaning into the car) pulled the door closer to him to give more room (enough to drive a tank through!) the car still managed to hit the door which then hit my friend quite hard on the head. The car pulled over and an old woman got out (about 85yrs old) and sais oh dear look at my wing mirror! meanwhile my friend is sitting on the floor feeling quite sick and dizzy. She turned out to be my friends next door neighbour and after saying 'well as long as everythings ok' she wonders inside. After lookng at the door it has twisted so although the door will close and lock (with a clunk) the top of the door has come away from the bodywork so it isnt water-tight. My friend was ok in the end just a bit of a lump. Now however she claims that my friend opened the door right i front of her car and denies responsibility! We have no independant witnesses to back us up. The main problem i have is that i have worked hard to build my no-claims bonus enough so that i can afford the insurance on my 1.6. If I loose my no-claims my premium will rise so much i will have to sell my beloved car. I feel she was driving without due care and attention and if the metal of the car door had hit my friends head it would have been a serious head injury. But again with no witnesses...

Do you think the insurance companies would agree it was her fault as my car didnt even have the key in the ignition, or do you think they would agree to pay 50-50? I cant afford to clain off my insurance so if it came to it i may have to pay for my own smegging door!

Please help me with this it's made me increadably upset as i was just watching it all happen yet i may have to suffer the conciquenses.

cheers peeps
 

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I'd fight it personally. I'd not settle for 50/50 either. Although this seems fair it never is, most of the time it's not 50% her fault, 50% his.

Inform your insurance company - If you friend still feels ill I'd pop into the doctor too. Don't ham it up but just be honest and get it checked out.

You're not trying to make money out of this but just make sure your friend's health is un-affected and Golfy is back to the way he was before the accident!

Cheers - and good luck with it all, don't get too depressed about it. Even worse scenario your insurance may not go up by THAT much next year (less than a painted new door anyway!)
 

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It will more than likely go 50/50 which means you will still loose your NCB. Insurance companies do this to save their time and effort. I know its a bit late now but Id have got the police involved, and tkae your friend down the hospital to get some doctors reports.

If you know some dodgy people get them to help you out otherwise it might be easier to see whether you can settle it without going through insurance.

Either way good luck
 

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Be wary about telling your insurance company if you later decide not to claim, they will log this and then possibly raise your premium. A similar thing happened to me, someone stepped off the footpath, not paying attention and listening to their Ipod, I managed to stop with my bumper just touching their leg. I get out the car to speak to them (they can't hear what I am saying until the Ipod is switched off!). Find out everything is Ok and that its not my fault but swap names etc (as you are supposed to do) I also advised my insurance company, just in case a later claim comes in. (After thought the ££ signs start to show!)

This was a couple of years ago and I have since changed companies, did a price comparison on confused.com and got a good price from the company I was with when the above happened, got in touch to take up the quote, then they tell me they have this 'incident' listed and that the online price quoted would rise by around £150 - just because they know about it.

Interestingly the company I am with now dont take the incident into account as no claim was made.
 

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Discussion Starter · #5 ·
After speaking to collegues and parents etc. i'm going to call the police tonight and ask thier advice. I've been told that because someone was hurt i should have called the police straight away. luckily i work in a minor injuries unit as a nurse so i may drag my friend in for a 'check up' and dig a neck brace out the store cupboard! (joke!) she's not being co-operative with me and i believe if she cant see a person in the road under a street light leaning into a car with the interior lights on and the light in the door itself, she shouldn't be driving in the first place. Im trying to think if theres a way of proving that the door was already open when she hit it and not opening at the time..? I guess there would have been more damage also the door would have slammed back shut again and not squashed my friend and hit her wing mirror. Im sorry im rambling now. Its sooooo not fair maaaaaaaan!

ill let you know how it goes with the policia
 

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and i believe if she cant see a person in the road under a street light leaning into a car with the interior lights on and the light in the door itself, she shouldn't be driving in the first place.
Was it at nightime? The Highway Code states that "You MUST NOT park on a road at night facing against the direction of the traffic flow unless in a recognised parking space". Therefore, the Police may say that you were at fault.

Somebody that lives down the same street as my b/f had their parked car hit one night but because it was parked facing the wrong way she couldn't claim on the insurance and the Police didn't want to know.
 

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Discussion Starter · #7 ·
Well it was at night time however i was in a designated parking lay-by. The whole road has these lay-bys either side for people to park and there were other cars parked also. Do you think this counts?
 

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Im trying to think if theres a way of proving that the door was already open when she hit it and not opening at the time..?
This is easy, your friends head is the proof, if he had opened the door on her he would of been on her bonnet, but it was already open, as he was leaning inside the car [Y]
 

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Discussion Starter · #10 ·
Ok, just as I thought things couldn't get any worse! So I called the police last night and gave them some details. They reccomended that i take my documents to my local police station and report it all formaly. So i finished work at 8.30am and went home to get my documents, dug up my MOT certificate only to find it had expired on September 13th!! So now it seems i have no MOT cirtificate to cover my car for the date of the crash. I went straight to the MOT centre and it passed with no problems at all. and I decided to go to the police station and just be honest and see what they say. So after about an hour of sitting there filling in forms and writing statements he asked to see my documents and saw that there was a gap between MOT's and he said although it was an offense we're not really that bothered as your car was obvously roadworthy and it had a service only last week. They said at the end that they would contact the woman and get her side of the story and provide me with her insurance details. It does seem now that it's gone too far to not involve the insurance companies and unless I get lucky with Admiral and hope not having a valid MOT for that date doesn't invalidate my insurance, It seems i will be loosing my NCB and therefor my beloved Mkiv 1.6se 16v Golf with Metalic black paint, cruise con, air con and one of the most impressive standard sound systems out of any car EVER!!!! [sigh]

Can you tell im upset!

EVERYONE... CHECK YOUR MOT EXPIRY!!!

[shroomo finds a corner to cry in]
 

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Discussion Starter · #11 ·
Hey, I got a quote through for repairs from Sidlow accident repair - £974.61

I think I now need to make a decision, do I inform the insurance company and try and proove that it was her fault, but risk loosing my NCB.

OR

Bite the bullet and find a decent garage that will do the repair for less than half that price, and pay it myself.

OR

Shall I talk to this woman and see if she'll agree to chip in.

Thanks for all your help so far!!

Kris
 

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Discussion Starter · #13 ·
I know, i had my camera phone but as it was dark it doesn't really show up at all, i do have a pic of the scene though which is lit up by the street light directly above where my car was parked! She still didnt manage to see it though.

So angry about this!
 

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Thats gutting mate, personally I would say that you should bite the bullet and pay for it yourself...

Whilst I appreciate that this old woman should have taken more care, I think that your mate should have been more aware of the car on the road and shut the door completely.! they were lucky to only get a bump on the head buy the sounds of it. I think that there is every possibility that the insurance company could try and argue that you MOT was out of date etc etc, although does a car have to have an MOT to be insured? I thought that to insure a car all you need to be is the registered keeper? You need an MOT for tax, but when you think about it... what about when your car fails an MOT and if you had a delay in getting it sorted, does that mean that it is not insured?? I doubt it.!

All claims affect insurance and as mentioned even mentioning incidents can affect insurance [:mad:] you have to ask yourself which you are more likely to afford, the cost of the repair or the potential increase in your insurance!

I feel for you man, hope that you can get it sorted out.
 

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Discussion Starter · #15 ·
Thanks to everyone who provided some input,

I was sent a questionaire from the police this morning about the incident and im going through it being very careful how I word everything! The policeman i spoke to at the station did sound like he agreed with me, saying things like 'she was driving far too close even if the door was shut' and 'the lighting down that road is very good'. i dont know if it means anything but it has cheerd me up a bit! It's been pissing down with rain here for the past few days but luckily the door is keeping the worst of the water out (a tiny bit damp across the top of the door). I've done a few online quotes putting my details in with 0 NCB, and the results arn't quite as bad as i thought, obvioulsy worse than my current price but what can i expect! in fact Adrian flux offered me the best quote (£900) which was less than i currently pay (£1026), so i may be switching in december even if i do loose my NCB. If i win this then in december ill get my 4yrs NCB and i can get my TDI 150 (anni if poss!) as soon as I can afford to buy one.

Thanks again to everyone, ill get back to you with the results!

Kris
 

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Discussion Starter · #16 ·
Hey, im sure no-one is interested in this anymore! but I just had a phone call from this woman who finally gave me her numberplate and insurance details, funnily enough she also recieved a letter from the police this morning! coincidence? mmmm... Anyway i told her what I and Nick (my mate) thought (know) happened and that the damage to our cars prooves that the door was open, but she still said well i think the door opened in front of me. She also said why did you call the police and i said well when someone is injured as a result of an RTA you have to inform the police, and she goes 'who was injured!' Im like 'Well maybe your next door neighbour who was leaning on my car going 'OW MY HEAD' when you pulled over and asked if he was ok' F%$*&^£! IDIOT!! I said 'llok im not happy about this coming out of my insurance when i wasn't even in the car and i watched as you hit my door and friend, she just said well we'll have to see what they say. I've sooo had enough of this old bag, why cant she just admit she didnt see the door was open instead of just presuming the door was opened in front of her. I want my door fixed i want to keep my NCB and I will go to the end of the earth to see that that happens.

GGGGGGGGGGGGGRRRRRRRRRRRRRRRRRRRR

kris
 

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Much as I have sympathy for you situation, the chance of you being able to prove it was her fault is low. The insurance company at best will go 50/50. I think you will be very lucky if you get more. As you have since found out the MOT was expired, there is every chance that the insurance company will find out and may well cancel the cover, or at least refuse to pay out for this claim as technically you weren't insured.Think of the concequences if it was the other way round, and you weren't insured....personally I would just forget the whole thing if you can and accept that as you weren't MOT'd you will have to bite the bullet and pay out of your own pocket.....probably to late now though....good luck !
 

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There is someone in the classifieds selling a set of black doors... if you are interested?

Old people always have an attitude when it comes to this sort of thing, (imo) they believe that being old is an excuse for being crap but we all know there is no excuse for being crap..
 
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