Any insurance assessors on board?

[KiwiGs]

I need an idea of what is going to happen next.
So, I had just opened the door of my legally parked car and was half out, when I reached down to pick up something off the floor. From behind a woman driving a big 4x4 has come down the narrow street and collected the door of my shitty little ford laser and fucked it, as well as damaging her car a little. My door was open before she arrived at my car. 'Luckily' it happened during smoko so there were at least 5 guys who saw what happened.
She says to me didn't you see me etc. you opened the door into my car. I say NO I don't have eyes in the back of my head. I left it at that, we exchanged details etc etc.
For me it is cut and dried she hit my parked car, but I have heard of a similar case where the person with the open door was accused of blocking a thoroughfare.
Is this likely?
So if we assume her insurance does pay, what happens next?
My car is an '84 ford laser 2 door, really anything that is done to the car will write it off. If it is written off, I am worried that the pay-out won’t be enough to buy a pie and a pint, let alone a road legal car which I need by Monday.....

[Hans]

Are you insured? If you're not, and her insurer is handling it, they cannot write your car off as you have no contract with them. They have to pay for repairs. And they have to pay you, not the repairer. This has been tested in court. You may get enough to buy a decent used car.

[Mully]

You're in the land of the bush lawyer - who needs insurance people.

Simply put, it's your fault. I know someone this happened to (and the car that hit the open door was speeding) and her insurance ended up paying.

She called the cops who said "Yep, we'll do them for speeding, but if we do, we'll have to do you careless use (or some such, they would have done her for something)"

Think yourself lucky it wasn't a cyclist (or a motorcyclist).

[KiwiGs]

Yes I am issured 3rd party only.
I still can't see how the person in the parked car can be at fault.
We shall see I guess.......

[Mully]

I still can't see how the person in the parked car can be at fault.
.

Same reason the person in the parked car on Tamaki Drive causing that girl to fall under a truck is at fault.

You have an obligation to not cause harm by opening your door. I suspect that the fact that you opened it in advance (of the impact) and kept it open is irrelevant.

[hayd3n]

apart from the door does you car have any other damage? theres plenty of wreckers yards in dunedin that will have parts for your laser

[hayd3n]

my fionce is speaking here

Hey there - sorry to hear about ur wee accident.

I am a former broker administrator and I hate to tell you that you are very likely to be held liable for their damage as well as your own. It is ultimately your responsibility to open your door in a safe manner without causing potential danger to other motorists.

Because you have third party cover, you will have saved yourself a small goldmine in repairs to the other vehicle, but the excess will likely still apply. Their insurance company will speak with yours. Repairs to your own vehicle (under 3rd party insurance) will be at your own cost.

Unfortunately to have the benefit of full cover - you need to pay a full premium and even then, an insurer will only ever cover what the vehicle is worth. Write-offs are common in cars of little value and that is reasonable as this is the only way to keep insurance premiums manageable.

If you need any more info or advice - PM Hayd3n and I could give you a call or something.

Chri5tina

[KiwiGs]

Same reason the person in the parked car on Tamaki Drive causing that girl to fall under a truck is at fault.

You have an obligation to not cause harm by opening your door. I suspect that the fact that you opened it in advance (of the impact) and kept it open is irrelevant.

I don't know what happened on Tamaki Drive so I can't comment, but my question is if I am standing beside my car with the door ajar and someone comes from behind and hits my door. What could I have done differently to avoid the accident?....


apart from the door does you car have any other damage? theres plenty of wreckers yards in dunedin that will have parts for your laser

Yeah that is what I thought, but I have had a ring around most of the yards here, Invers and up north and once they had finished laughing, no dice.....yet......


my fionce is speaking here

Hey there - sorry to hear about ur wee accident.

I am a former broker administrator and I hate to tell you that you are very likely to be held liable for their damage as well as your own. It is ultimately your responsibility to open your door in a safe manner without causing potential danger to other motorists.

Because you have third party cover, you will have saved yourself a small goldmine in repairs to the other vehicle, but the excess will likely still apply. Their insurance company will speak with yours. Repairs to your own vehicle (under 3rd party insurance) will be at your own cost.

Unfortunately to have the benefit of full cover - you need to pay a full premium and even then, an insurer will only ever cover what the vehicle is worth. Write-offs are common in cars of little value and that is reasonable as this is the only way to keep insurance premiums manageable.

If you need any more info or advice - PM Hayd3n and I could give you a call or something.

Chri5tina

I reaslise if I had opened the door onto her car then it would be my fault, but my door was already open before she tried to go past.
Thanks for the offer of help and I may well take you up on it....

[psycho22]

I don't know what happened on Tamaki Drive so I can't comment, but my question is if I am standing beside my car with the door ajar and someone comes from behind and hits my door. What could I have done differently to avoid the accident?....

Not had your door open?

It's up to you to open your door at a safe time and manner.

[steve_t]

I'd recommend getting written statements from all of the witnesses. At best, you might be able to get the insurance companies to agree that both parties were equally at fault and must cover their own damage. How far in advance did you open your door? 3 seconds? 5 seconds? I'd bet you'll feel it was way more than it actually was.
Best of luck

[KiwiGs]

Not had your door open?

It's up to you to open your door at a safe time and manner.

True, but it was safe when I opened my door......

[KiwiGs]

I'd recommend getting written statements from all of the witnesses. At best, you might be able to get the insurance companies to agree that both parties were equally at fault and must cover their own damage. How far in advance did you open your door? 3 seconds? 5 seconds? I'd bet you'll feel it was way more than it actually was.
Best of luck
Thanks for the advice.
My door was open for quite a while, I had just cleaned the dizzy cap after which I went around to the drivers side opened the door I was leaning in the door to start the car. The car had been running long enough for the choke to be fully in.....

[KiwiGs]

I have just had a call from the insurance company to say that they are repairing* my car and accept full responsibility for the 'accident'
It looks like a win for common sense, 'cause I did have witness who saw what happened but still when you are dealing with insurance you just never know......

I have another question: is it reasonable for me to claim for bus fare to and from work for the time that my car has been off the road?

*I am not sure it will be repaired; I think the ride to the panel beaters + the panel and paint may end up being more than the car is worth.......

[Spearfish]

I have just had a call from the insurance company to say that they are repairing* my car and accept full responsibility for the 'accident'
It looks like a win for common sense, 'cause I did have witness who saw what happened but still when you are dealing with insurance you just never know......

I have another question: is it reasonable for me to claim for bus fare to and from work for the time that my car has been off the road?

*I am not sure it will be repaired; I think the ride to the panel beaters + the panel and paint may end up being more than the car is worth.......

I would go for mental anguish maybe even find a way that the mental anguish has changed your carer path so loss of potential earnings thrown in....:facepalm:

[firefighter]

I have just had a call from the insurance company to say that they are repairing* my car and accept full responsibility for the 'accident'
It looks like a win for common sense, 'cause I did have witness who saw what happened but still when you are dealing with insurance you just never know......

I have another question: is it reasonable for me to claim for bus fare to and from work for the time that my car has been off the road?

*I am not sure it will be repaired; I think the ride to the panel beaters + the panel and paint may end up being more than the car is worth.......

Good news for once the one truly at fault is held responsible.

As for the bus fare, I doubt it. This is the reason you should be able to sue, not for 'emotional damages' where people claim stupid amounts of money, but for reasonable costs as mentioned which are associated. With N.Z's retarded judges it's probably a good thing we can't, but that's a whole other argument.

An example is where my fathers car was rear ended in the U.S. He had issues selling it later on (6 months'ish) and had to sell way under value, as of-course it had to be sold as a vehicle which had been in an accident even though it was professionally repaired. He sued the person who crashed into him for half of the missing value, which is pretty fair really- in the end it was their fault so why should he have to meet the costs of something he did'nt cause? I think when there is sensible rulings and only realistic cases are allowed to go to court it is a good thing.

[steve_t]

I have just had a call from the insurance company to say that they are repairing* my car and accept full responsibility for the 'accident'
It looks like a win for common sense, 'cause I did have witness who saw what happened but still when you are dealing with insurance you just never know......

I have another question: is it reasonable for me to claim for bus fare to and from work for the time that my car has been off the road?

*I am not sure it will be repaired; I think the ride to the panel beaters + the panel and paint may end up being more than the car is worth.......

Great news!! :woohoo: Unfortunately, I don't think they'll pay for your alternative transportation costs. It's always worth asking though

[KiwiGs]

I would go for mental anguish maybe even find a way that the mental anguish has changed your carer path so loss of potential earnings thrown in....:facepalm:
So what is that about mate?
If my car is damaged, my insurance company pays for alternative transport.
In this case I was making a claim as an 'uninsured party', because my car is insured 3rd party.
Seems reasonable to me that the other company would do the same, after all it was their client who rendered my car derivable. Where is the facepalm in that?......

[Spearfish]

So what is that about mate?
If my car is damaged, my insurance company pays for alternative transport.
In this case I was making a claim as an 'uninsured party', because my car is insured 3rd party.
Seems reasonable to me that the other company would do the same, after all it was their client who rendered my car derivable. Where is the facepalm in that?......

No face palm in that...
The facepalm was the closest to a sarcasm emotion thingy for my post back to you.
Well done on the good outcome, still a bugga with the car off the road though.

[Oscar]

Seems reasonable to me that the other company would do the same, after all it was their client who rendered my car derivable. Where is the facepalm in that?......

Yep.
You just have to prove how much out of pocket you were.
Sounds easy, good luck...

[rwh]

As for the bus fare, I doubt it. This is the reason you should be able to sue, not for 'emotional damages' where people claim stupid amounts of money, but for reasonable costs as mentioned which are associated. With N.Z's retarded judges it's probably a good thing we can't, but that's a whole other argument.


Can't we? I thought the only restriction on suing was for personal injury, due to that being covered by ACC. AFAIK we can still sue for any other sort of damage/cost.

That's essentially what's happening with the other party here, isn't it? Or would, if they refused to pay up in the first place.

Richard

[firefighter]

Can't we? I thought the only restriction on suing was for personal injury, due to that being covered by ACC. AFAIK we can still sue for any other sort of damage/cost.

That's essentially what's happening with the other party here, isn't it? Or would, if they refused to pay up in the first place.

Richard

I'm not sure, I know you can't through the disputes tribunal (which isn't actually a court), so which court would you use?

[ellipsis]

....a lesson to be learned here by all....get out of a cage through the window...after looking to the rear ....saves all this kind of shit...

[KiwiGs]

....a lesson to be learned here by all....get out of a cage through the window...after looking to the rear ....saves all this kind of shit...
I have learnt my lesson, and for extra safety I would recomend sliding across the bonnet on your way to jumping through window......

[Marmoot]

If the motorway is empty when you are about to cross, then you push your baby pram and start to walk, but then you realise your phone is ringing and you paused to answer it; at the same time without you knowing a truck was going past and hit the baby pram; would you blame the truck for being on the road or yourself for forgeting that your baby pram is on the road?

[KiwiGs]

If the motorway is empty when you are about to cross, then you push your baby pram and start to walk, but then you realise your phone is ringing and you paused to answer it; at the same time without you knowing a truck was going past and hit the baby pram; would you blame the truck for being on the road or yourself for forgeting that your baby pram is on the road?
Ok, fair point although not really comparing apples with apples, because the hazzard was not moving and had not moved when the person hit it......
So what if?.........
You were driving along the motorway and you see that in the distance there is a tree blocking part of your lane. The tree doesn't move and there is just enough room to go around it, if you are carefull. Whose fault is it if you hit it at 100km/h?.....

[robo555]

I have another question: is it reasonable for me to claim for bus fare to and from work for the time that my car has been off the road?

Find a panel beater than offers courtesy car, you just pay for petrol.

[Marmoot]

Ok, fair point although not really comparing apples with apples, because the hazzard was not moving and had not moved when the person hit it......
So what if?.........
You were driving along the motorway and you see that in the distance there is a tree blocking part of your lane. The tree doesn't move and there is just enough room to go around it, if you are carefull. Whose fault is it if you hit it at 100km/h?.....

If a driver hits it, in court the fault lies with the one that puts the tree on the motorway (as we always like to blame the city council or transport authority).

In your case, the tree would be your door and the council is you.

Unfortunate indeed, but it does happen when a moment of our inattentiveness becomes a disaster. In this case, count your blessings lucky as noone was hurt.
Next time, best to watch the mirror as much as you can and make sure no part of the car intrudes onto the passageway.

[steve_t]

If a driver hits it, in court the fault lies with the one that puts the tree on the motorway

:blink::blink: You're joking right?

[KiwiGs]

If a driver hits it, in court the fault lies with the one that puts the tree on the motorway (as we always like to blame the city council or transport authority).

In your case, the tree would be your door and the council is you.

Unfortunate indeed, but it does happen when a moment of our inattentiveness becomes a disaster. In this case, count your blessings lucky as noone was hurt.
Next time, best to watch the mirror as much as you can and make sure no part of the car intrudes onto the passageway.
Ok, I am not a lawyer or a police officer so I don't know.....
In my hypothetical situation the driver is at the very least 'Carelessly or inconsiderately using a motor vehicle'

[Marmoot]

:blink::blink: You're joking right?

Nup. The system favours the idiots.
Sad but true. Personal responsibility seems to have been killed, along with common sense.

[KiwiGs]

The saga has ended, nearly; the insurance company has admitted full liability.:woohoo:
They hunted for a door for a couple of weeks and no joy. So....
I had two options cut my loses and take the full pay-out, which wouldn't have bought me another road legal car, or buy the wreck back and get a little cash as well.
Upshot is I have my car back with a rooted door, and a few dollars in the back pocket.
Not a bad outcome I guess, on the plus side the guys in the sheet metal shop outside my office assure me they can fix the door :innocent:

[Latte]

The saga has ended, nearly; the insurance company has admitted full liability.:woohoo:
They hunted for a door for a couple of weeks and no joy. So....
I had two options cut my loses and take the full pay-out, which wouldn't have bought me another road legal car, or buy the wreck back and get a little cash as well.
Upshot is I have my car back with a rooted door, and a few dollars in the back pocket.
Not a bad outcome I guess, on the plus side the guys in the sheet metal shop outside my office assure me they can fix the door :innocent:

We need pics, before and after :D (The repair, not the crash).

I'd be impressed to see a car door fixed "from scratch" - not saying it cant be done, but it definitely aint the norm.

Glad it's all working out for ya.

[KiwiGs]

Here is the after the accident but before the repair....
http://i213.photobucket.com/albums/cc22/KiwiGs/011-1.jpg
I warn you the repair is not going to be pretty:innocent:, nor will it be done quickly but it will be effective......