Car Insurance

[Suzler]

My boyfriend had a car accident while he was stationary a few months ago. He was parked along side a main road and he opened his door to get out and put his leg out. He looked behind him before he opened the door and the car behind had stopped but obviously she had started to go again and drove into his open door. He swore as he nearly had his leg cut off and the women in the other car went ballistic at him and said he had sworn in front of her two children. She took his details, not his insurance details as he had none. He took hers and they parted. Later her husband conntacted my boyfriend and asked what had happened and my boyfriend explained. We went to Tescos afterwards and renewed his insurance as he had forgotten to chase up the renewal on the internet. The insurance company said that he wouldn't be able to insure him for the accident as he hadn't signed the declaration. The woman is saying he must pay for her damages and that he has injured her children and scared them for life. What is he to do?

[IndieSinger]

Unfortunately, your boyfriend hasn't got a leg to stand on *guffaw*. While the woman may well be exagerrating, she's obviously trying to milk someone for everything she can. I'm pretty sure that in the eyes of the law, your boyfriend was in the wrong on all accounts:

• The woman may have been stopping or slowing down for anything/anyone and so your boyfriend wasn't exercising due care and attention to the oncoming traffic;
• He swore (forgiveable and understandable I know, but likely to be frowned upon); and
• He didn't have insurance (that's not forgiveable at all).

The woman may ask you for a payment for the damage - I suggest you go for this. Otherwise, she'll take your boyfriend straight to court; he would lose, have some kind of punishment for not having insurance, which is very illegal, and have to pay further fees, like court costs.

[Hgrove]

IndiSinger's msg is correct I believe, but on the plus side, if your boyfriend was not insured at the time of the accident, the woman will probably be advised not take him to court as he may not be worth suing (unless your boyfriend is a net worth individual). Also, it is not clear that the children were injured or how. If they were properly strapped in, they should not have been hurt. She would not get any damages for "trauma" to her children caused by his swearing. Your boyfriend should contact a CAB or law centre or, if you have family legal insurance (usually an extention of home contents insurance) contact them for advice.

[BenDToy]

Whilst I would hesitate to disagree with the previous answers, which seem very good and well informed, I do have some doubts about who is liable for the damage. As your boyfriend's car was stationary at the time of the accident, I think there may be a case for say "knock for knock" where each party pays for their own damage. I believe the Highway Code suggests that when overtaking a parked car, you should make allowance for the possibility of someone opening a door to get out. There is even a specific term for an occupied car - something like "live". I am not 100% certain, but it is definitely not cut & dried by any means. As a test, think about what would happen if it had been someone coming out of the back door, or what if the door had been open for say 10 seconds before the collision?

[Hgrove]

I think BenDToy has a point, for ex. I know the highway code says that you should be very careful driving along when there are cars parked on the side in case a child runs out from in between two parked cars; I would imagine that care should be taken also in case someone opens a door... Re-reading Suzler's msg there is something strange about the way the woman went "ballistic"; it sounds to me like she "lost it" because she was terrified of ending up in trouble if she had torn his leg away. And now, well, it sounds to me like she's having a go for what she can get. The main thing against Suzler's boyfriend is that he was not covered by insurance at the time of the accident and that is very, very bad. But it may well be, as BenDToy writes, that it is not cut and dried.

[mufi]

There are far too many people driving cars on our roads without insurance. Quite plainly, if you are not insured you are liable for any damages awarded against you. If your boyfriend had been driving and had killed someone how would he have payed for a life without the backing of an insurance company. He will have to deal with this lady as best he can but in future he would be well advised to conform to normal responsible conduct as the vast majority of us do all the time. David.

[kopite201274]

I would tend to agree with the last statement. As far as I know its not illegal to not have insurance, but it is illegal to drive without insurance. As the car was stationary by sitting in the car he did not commit an illegal offence. However, if it goes to court your boyfriend would be at a disadvantage by the fact the he is the owner of the vehicle and does not have insurance. I think if there was an independent witness to this accident who could verify your boyfriends version of events then it will be highly advantageous for him.

[johnjbloomfi]

A lot of sense in that but his best course of action is to give her what she wants the opening door thing has gone throughthe courst lots of times and the owner of the door is always said to be at fault all insurance companies treat this as cut and dry on this basis. And as for him not having insurance he doesn't have to be driving to be breaking the law just in charge of the vehicle on a public highway i.e. withthe keys in the drivers seat. There is no excuse for no insurance

[SanderDolphn]

UK law is not clear on exactly who is 'to blame' when a car door is opened onto on-coming vehicles. Maybe we should follow our American Friends (DMV22517. No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so), or follow our Australian cousins (269 (3): A person must not cause a hazard to any person or vehicle by
opening a door of a vehicle, leaving a door of a vehicle open, to getting off, or out of, a vehicle.)

In regards to the insurance, between the time the original policy lapsed, and the renewal was agreed, there was no insurance (regardless of the reason). So the insurance company is correct in saying they can't/won't provide help, as they are not legally obliged to.

As for the accident, in other countries, he's liable. Here, it's a 50/50 chance - BUT, your boyfriend had no insurance whilst he's in charge of a motor vehicle which would cause many problems, including the main one - being in charge of a motor vehicle without adequate insurance which is a criminal offence.

Looks like your boyfriend may have to pay up to 'save his bacon'.