My wife's car door was struck by a car parking in the bay next to hers. Her door was open and stationary while she was grabbing her handbag.
Other cars came in from the wrong direction along one way parking lanes. (Shopping centre car park). Wife had a passenger that verifies my wife's version of events.
Details exchanged and life moves on.
Two weeks later the other party's insurance company contact the wife to inform her she is at fault for the full amount. The insurance company quotes an "obstruction" road rule for the basis of their assessment. I am confident that they are just playing hardball because our insurance was not up to date. I'm pretty sure they are quoting a road rule that is designed to protect cyclists when being "car-doored" by vehicle occupant who don't check their mirrors before getting out.
While I'm pretty sure we won't get zero liability, if for no other reason than we didn't have insurance, I can't believe my wife can be any more than 25% at fault when she is parked, door is stationary, the other driver stated knew my wife had only just parked (saw her come in from the wrong direction too) and came into the park too fast.
What road rules actually apply to this situation so that I can quote them back to the insurance company during mediation?
If they don't come well down from 100% at fault I'll be taking the matter to the ombudsman and I'll need to know the law a little better then, too.
Other cars came in from the wrong direction along one way parking lanes. (Shopping centre car park). Wife had a passenger that verifies my wife's version of events.
Details exchanged and life moves on.
Two weeks later the other party's insurance company contact the wife to inform her she is at fault for the full amount. The insurance company quotes an "obstruction" road rule for the basis of their assessment. I am confident that they are just playing hardball because our insurance was not up to date. I'm pretty sure they are quoting a road rule that is designed to protect cyclists when being "car-doored" by vehicle occupant who don't check their mirrors before getting out.
While I'm pretty sure we won't get zero liability, if for no other reason than we didn't have insurance, I can't believe my wife can be any more than 25% at fault when she is parked, door is stationary, the other driver stated knew my wife had only just parked (saw her come in from the wrong direction too) and came into the park too fast.
What road rules actually apply to this situation so that I can quote them back to the insurance company during mediation?
If they don't come well down from 100% at fault I'll be taking the matter to the ombudsman and I'll need to know the law a little better then, too.