Why Me?!?

[IgorTheHunchback]

[/quote][/b]Careful here as you would still be submitting a claim so your ncb (if you've got any ) could still be at risk. [/b][/quote]

Igor knows

Many years ago Igor did something on his insurance that he should not of done. He paid the cost back reclaiming his no claims bonus.

Igor thinks it will be on his records, and sparky will be legally obliged to state it, but if sparky pays back the money the insurers pay out it will not effect his NCB

[xplode]

think i'd have to agree with igor, i'm not so sure this is your fault (just perhaps not exactly the smartest thing anyone has ever done in the history of the world). first rule of driving is; be prepared for anything and don't drive faster than you can manage to stop if you need to. he didn't. i even seem to remember this type of scenario in text books when i took my driving classes - be prepared for car doors opening, be prepared for kids running out between parked cars, etc. so you were double parked, bad spanky, but he drove carelessly, didn't he? afterall he drove into your car door (if he didn't and you opened it into his side, your dent would have gone the other way wouldn't it?) what if you had parked so stupidly that you completely blocked the roadway. is he then justified in coming around the corner at full speed slamming into your rear?

anyway, food for thought.

[knaone]

technically he has hit you from behind... and they always find if you have been hit from behind its the driver that hit yous fault????

you can argue it?

David

[MINIjewel]

Spankster, you really do have bad luck. Sorry to hear about the accident. That sucks. But I agree with Igor and xplode. This is not entirely your fault. A majority maybe, but not entirely. I think more of a 70/30. Hate to see your insurance go up, but I think I'd report it.

[Clutch Cargo]

The doors on a MINI open quite wide, don't they. I think MJ's 70/30 estimate is about right. But it was an honest mistake, and you have my sympathy.

In my state, incidents like this are considered "no fault", your own insurance company pays the claim. I think it's a good system, not perfect, but good. Anyway, everybody tries as much as possible to pay for repairs on their own, because after a certain number of incidents, the insurance company raises your premiums anyway, regardless of fault.

On narrow streets or when double-parked, crack the door open an inch or two and listen for traffic (or kids, etc) before opening the door all the way. It's no guarantee, but it's a little extra assurance against blind spots, fast-moving vehicles, etc.

[paulpdt]

Spanky

Were there any witnesses as they would have been your best bet.

Or I'm sure you could find some volunteers????

Not that I would condone such behaviour !!!

Don't give in without a fight

[Huey]

Quote:

double parked, put my hazard lights

Insurance folk will not worry about this. But if you contest it,his insurance may get interested about the double parking.

Quote:

45 year old driver v 18 year old driver.

Insurance folk will not worry about this.

Quote:

Even though he must have shot around the corner.

Insurance folk will not worry about this.

Quote:

I opened my door on him.

Insurance will want to know where your door hit him, was it as he approached (nearside front damage) or was passing (nearside panels damage). This is how they will decide who is at fault.

The wife looked at your pic's and thinks it be your complete fault depending on his damage you could be very very luckly and get a 50/50. Passengers can't be witnesses as they are not independant and are your friends.


Sorry dude.

[johnlummis]

Hi spanky. As a Driving Instructor and ex traffic Policeman this is my opinion.It,as Igor pointed out,a 50/50 blame accident.You should have looked properly just BEFORE you opened the door or anticipated that it was possible that someone might come round the corner as you were getting out and therefore constantly looked in this direction as you were getting out.If someone like this chap then appears you can then react slightly quicker and possibly save your car from being damaged,however,the other chap should have been travelling at such a speed that he could stop his car in the distance he can see to be clear,in the case of going round a corner obviously not very fast. It seems that maybe he was travelling at such a speed that he could not stop in the distance he could see to be clear and went for the gap between your car and the other side of the road,because of his speed,had less time to judge the gap,miscalculated the size of the gap and did not anticipate you opening your door at that precise moment and you know the end result,I am pretty sure it will be a 50/50 fault accident.Sorry to get a bit technical but hopefully you will learn from this.

[Mike Clarke]

Quote:

Originally posted by johnlummis
,the other chap should have been travelling at such a speed that he could stop his car in the distance he can see to be clear,in the case of going round a corner obviously not very fast. It seems that maybe he was travelling at such a speed that he could not stop in the distance he could see to be clear and went for the gap between your car and the other side of the road

Why the assumption that the other driver was going too fast?
The door could have been opened as the other car was at the point of no return, where even at 5mph the car could not avoid a suddenly opened door. I was knocked off a pushbike last year by just this sort of event. Crowded street so I was travelling at less than walking pace, the door opened quickly as I was alongside, no time to stop or manouvere. Could this in fact be the case here? I make no assumption on blame, I sympathise whenever a MINI is damaged but when the same driver is involved in more than one incident then that driver needs to start thinking about his or her behaviour. Double parking near a bend is not a recommended practice for anyone wanting to keep their car in good condition.
Sorry if I am being critical Spanky but I drive round corners flat out (don't all MINI drivers?) and I would hate to run into anyone double parked.

[johnlummis]

Hi Mike, How to you manage to go round corners "flat out".The laws of physics mean that then you must end up on the other side of the road or mount the kerb on the near side.What happens if there are pedestrians crossing ?. So either, 1)The roads are very very wide where you live and there are absolutely no pedestrians or anything else where you live. 2)Your Mini is fitted with some sort of system that defies the laws of physics or 3)you are lying.

[monsta]

Flat out could just mean foot to floor couldn't it? In which case going flat out is possible on any corner if you haven't reached top speed yet..

[spanky2k]

Ok, met up with the guy yesterday and gave him a cheque for £350, he got a quote from a cheap garage. Thats a fair enough amount really, 2 panels, paint etc.

I got mine bent back, not fixed but just banged flat(ish) so that its not as obvious. Its still fairly ugly but not as bad now. Took it to a bodyshop (he banged it back for a tenner) and said that it probably could be repaired for about £400-£450, and if it were a new door, that and painting would cost the same plus parts. Doors are £140+VAT courtesy of BMW.

I'm gonna just leave it as it is for a while. I might wait until the new year to get it fixed, cos otherwise, knowing my luck, I'd get it fixed only to find that on returning to my parked car some motorcyclist has skidded onto some ice and smashed it up again or something like that!!!

Cheers to everybody for your advice and help!!

PS, Minty, really sorry to hear about your car!! If I had been you I probably would have done the damage myself pulling out of the garage, knowing my luck!! At least you get it all repaired for free!!



Cheers All!!

Phil

[dcfkan]

Quote:

Originally posted by spanky2k
I'm gonna just leave it as it is for a while. I might wait until the new year to get it fixed, cos otherwise, knowing my luck, I'd get it fixed only to find that on returning to my parked car some motorcyclist has skidded onto some ice and smashed it up again or something like that!!!

Stop!!! Your luck may change for the better - you never know!!!

DK

[xplode]

Quote:

Originally posted by Mike Clarke
I sympathise whenever a MINI is damaged but when the same driver is involved in more than one incident then that driver needs to start thinking about his or her behaviour. Double parking near a bend is not a recommended practice for anyone wanting to keep their car in good condition.
Sorry if I am being critical Spanky but I drive round corners flat out (don't all MINI drivers?) and I would hate to run into anyone double parked.

you were doing good up until the last bit. you're saying you're going around corners banking on the fact that there isn't anyone double parked there? sort of; if there is you'd bang up your car but that's a risk you're willing to take for going "flat out" around the corner? what if it isn't spanky double parked about to open his door, but a kid running after his basketball that bounced into the street. willing to take that risk?

someone else here suggested yesterday we can't give second thoughts to someone we don't know, but i'm hoping she's fairly alone in having that opinion.

i do agree that there is of course a "point of no return", and he could infact have opened the door into the passing car (although the door bent the wrong way for that to have happened). johnlummis is probably correct, but still, if you're going past a car that's double parked and there isn't enough room to pass him allowing for a door to open, you'd better keep your speed down and be alert. those are my $.02...

[Bonnie Scotland]

For what it's worth so far into this thread.
My opinion is that by double parking (though not a crime in itself) is putting yourself, your passengers and the cherished car at risk.
The potential for your car to be hit increases regardless of whether the other car was at fault or not.
Would you rather have your car damaged by someone else so it could be repaired at their insurers cost or have no damage at all and thereby ensuring its resale ability.
I would suggest that you should look at other ways to drop off your passengers or to miss low level posts or whatever.
Just exactly how far away from a parking spot were you, how much would it have inconvenienced your passengers???


Maybe you are not unlucky, i'm not attempting to lay blame or criticise just trying to help out.

All easy words, prevention is better than the cure.

I hope you have many years of accident free motoring.

Long live the mini.

Alan