Disputing liability

[BurnCK]

Looking for a little advise. Had a minor accident after my passenger opened my car do into a passing car in a retail park car parking bay. It was the type of bay that has 2 rows of cars adjacent to each other (as in the example picture). I had reversed into my spot and there was a car parked behind me. To either side of me there were no cars and either side of the car behind there were no cars. Turned the engine off and my passenger went to get out of the car just as another car was using the bays to cut through to the exit. Obviously they drove into the side of my door. Luckily no damage to my car and minor damage to the other car front bumper. I've drawn a red arrow on the example picture to show the type of manuveur they did.

 

However, my insurance company are saying I'm liable, but my argument is that the other driver shouldn't have been using the bays as a cut through, coming through the bays behind to pass by my passenger side. Would anyone else think that I would be liable for that? If I'm honest, I can see the argument that my passenger should have checked, but seconds earlier there were no other parked cars around me except the one directly behind, and my passenger didn't expect someone to cut through. 

 

Edited April 27, 2020 by BurnCK

[BankFodder]

I agree with you completely – that the party space should not been used for a cut through. I think this is well understood. However, there is clearly going to be a lot of focus upon the actions of your passenger and whether they look sufficiently. You say that the damage is very minor – how much is it?

Whatever happens, you are going to happen to pay your excess. The other drivers don't have to pay their excess. Both of you will have to log it with your respective insurers – and both insurance companies are going to jack the price up next time.

If it really is minor then I think you are on a hiding to nothing and you had probably better let it pass. Very unsatisfactory – and very frustrating. Of course if you wanted to make an issue of it then I suppose you could try bringing a legal action against the other driver but I doubt with it will be easy – but it's up to you. We are happy to help – but what's the value of it all?

[BurnCK]

Excess I can handle, even a bit of a premium increase. It's the loss of no claims I'm more bothered about. Would have like to have resolved it outside of insurance but there was a dispute on who was liable. As my insurance company deem me liable, I'll bear the brunt of the claim even though the value is only a few hundred pounds, if that.

 

I don't think my passenger did look behind them, only to the side of them...an empty parking bay. If I was parked at the side of the road and they did it, then fair enough, but it's because it was in a parking bay that I didn't accept liability. 

Unfortunately the other car was a Jaguar rather than a clapped out banger. Damage to Jag is minor though (red car) and almost non-existent on mine (silver car), so much so that I am not claiming any repairs.

 

 

Edited April 27, 2020 by BurnCK

[unclebulgaria67]

Although a parking space is not a cut through, it is always possible that a vehicle may be moving and therefore anyone opening a car door should be taking care by checking  before they open the door.  

 

So I would say that your Insurers are correct in treating this as a fault claim.  You could inquire with your Insurers, whether they would allow you to pay them the claim value, in return for your no claims discount not being reduced.