One for the car insurance experts.
This morning i called at the petrol station, after filling up and as always before paying, I opened the drivers door and sat down sideways on the seat with my feet on the ground. I then proceeded to fill in on a piece of cardboard the details of litres bought and miles i have covered since the last fill up, as I have done for the last 8000 miles.While i was sat down with the door opened a Ford Transit pickup tried to squeeze through between my car and a car at the pump opposite as he did so he caught the door edge and creased it back (the door is a write off) He got out of the Transit and accused me of opening my door as he passed even though i had being sat there at least a minute with the door open. We exchanged details and I thought to myself, the accident was not my fault but this is going to be a knock for knock solution for the insurance companies. When I phoned up Churchill insurance I thought i would have to cough up the £200 excess on my policy. What a pleasant surprise when I was told that i would not have to pay any of the excess because my car was stationary. Why is this so, is a stationary vehicle deemed to be not at fault in an accident, or is there another reason.I have a protected full ncd policy and I have never been without a car in fifty one years of driving, the last thirty odd years accident free so i will be very disappointed, if irrespective of my protected ncd my next insurance premium is inflated to take account of an accident that was not my fault
Alan
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alan does the filing station have cctv which might have filmed this as if so it might be worth getting a copy just in case they change their mind on this.30 years no claims=well done
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Alan, don't know the full ins and outs of this but, for once, it sounds as if an insurance company is actually thinking logically.
If a car is stationary, then in most scenarios, it would be safe to assume it was innocent in any collision.
Getting a bit technical, if you opened the door as he was passing then, unless you timed it to perfection to open it just as his wing approached, then there would be a good chance that your door would just have bounced off the van and rebounded back.
As the accident was only this morning, can I suggest you contact the filling station, their CCTV may have caught it but sometimes you may only have a couple of days before they will re-use that tape! Depending on whether it is a national or private filling station, you may need to write to a head office to view, or the owner may let you view it there and then and keep the tape if you pay for a replacement tape.
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Use the Data Protection Act to get a copy of the video - think it costs £10. By law they have to supply you the tape within 28 days of the request.
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Blinky is spot on with the DPA. Visit the station personally tomorrow and hand over a letter, stating that this is a "Subject Access Request" under the Data Protection Act and requesting that the tape for the period in question be provided. Your receipt will show the timeframe they need.
I urge prompt action as it is likely that the tape will only be kept for a couple of days at best. After that the DPA doesn't apply as no record exists.
No Dosh - Backroom Moderator
mailto:moderators@honestjohn.co.uk
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Alan, don't know the full ins and outs of this but, for once, it sounds as if an insurance company is actually thinking logically. If a car is stationary, then in most scenarios, it would be safe to assume it was innocent in any collision.
BobbyG,
Surely when a car is stationary, and an open door is hit, the most common scenario would be someone opening the door without looking - like many cyclists would testify.
Not for a minute doubting Alan and hope the CCTV tape shows the incident.
C
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This morning i called at the petrol station, after filling up and as always before paying, I opened the drivers door and sat down sideways on the seat with my feet on the ground. I then proceeded to fill in on a piece of cardboard the details of litres bought and miles i have covered since the last fill up, as I have done for the last 8000 miles.
Sorry, but, is this normal behaviour? Do you do this even when there are people waiting to use the pump? Welcome to the age of trip computers which will do this for you if you really have nothing better to do than pay attention to this.
Blimey...I'm so scared of upsetting people I don't even put my card back in my wallet or open the maltesers, I just get away as fast as possible.
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Sorry, but, is this normal behaviour?
One could well ask the same question of a \"lorry magnet\" polo driver......
:: starts running (but fears he won\'t be fast enough) ::
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Yeah. You're funny. And no, I can't take a joke when it's only five to ten on a Friday night and I'm already having a crap weekend.
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Alan
From a Poloboy (or should that be Polopensioner) to Pologirl
We oldies have to find all sorts of odd things to do as we do seem to have plenty of time on our hands.In the two years I have twiddled about with my piece of cardboard I cannot remember once when I have had to queue to fill up with BP Ultimate diesel nor can i remember anyone queueing up behind me.Probably because of the price.
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Thanks for the idea on cctv thought about it but as we are off early this morning for a few days holiday i will take my chances and try for a copy after we get back
Alan
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What Knock for Knock realy means is one of those urban myths. Please remember that Knock for Knock agreements between insurers exist to simplify the claim process and (allegedly) to make things cheaper.
If two insurers have a K for K agreement between them they each to pay for the insured losses of their insured. It is the recovery of uninsured losses (e.g. an excess, hire car costs, or costs of repairs if cover is not comprehensive, etc..) that usually dictates the retention of NCD.
It's a bit more complex than that with netting of payments and the like plus Third Party Sharing Agreements but that's the gist.
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Your insurance company are correct - even if you had opened the door and hit the passing Transit he would still be at fault - it is up to the driver of a vehicle to leave sufficient gap between them and any parked vehicles. BTW it does p me off when people who return to their cars after filling up take ages to pull off!
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Alan - you have my sympathy. Would be interested to hear what happens with this and whether you get a copy of the tape or not.
Toby.
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Whilst I have total sympathy for Alan, I must agree with Pologirl. I used to keep a record of mileage and litres etc on a PDA, but would remember the mileage as I walked to the forecourt shop and write it on the receipt. Only later in the day would I transfer the data to the PDA.
Doing everything in the shop or in the car at the pump would simply hold everyone else up.
--
Espada III - well if you have a family and need a Lamborghini, what else do you drive?
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All is well that ends well,
When i arrived home from holiday there was in the pile of post a "Confirmation of Accident" letter from Churchill Insurance, here is an extract from this letter
Involved in a None-Fault Accident
As we believe this accident was not your fault you will be pleased to know that we have waived your policy excess.
In addition your No Claim Discount will be unaffected.
I was not at fault in this accident and I am pleased Churchill Insurance came down on my side but I would be interested in how they arrived at this conclusion so quickly.
The accident happened on Friday the 27th and their letter was dated Tuesday ST with a Bank Holiday between.They cannot have seen the other drivers version of events in so short a time.
From my point of vie the response from Churchill Insurance has been absolutely TOP CLASS
Alan.
PS.
For those who say i should not waste time filling in fuel/mileage details at the pumps, how long would it take you to write this.
21.5 8150 on a piece of cardboard with pen that are kept under the dash, surely you are joking.
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Hi Alan,
I am glad you are all sorted. I must say its a good recomendation for Churchill insurance. Its nice to see such prompt and fair service from an insurance company.
Cheers
Jlo
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