Driving blameworthiness ?

NWpostie · Post by **NWpostie** » 25 Nov 2008, 21:46

last week on an exceptionally windy day, the rear door of my van blew out of my hand by a gust of wind and scraped the side of a passing car, causing a dent and paint damage, I just got a report back stating I am blameworthy for it, I dispute that as I consider it an "Act of God" and you could not predict it, I am considering appealing against it.

Do I have a leg to stand on ? I am seeing my rep tommorrow about it.

DGP1 · Post by **DGP1** » 25 Nov 2008, 21:53

Not usually

someone once took my wing mirror off whenever I had parked the van but it was still classed as a blameworthy accident

still, I then had to do a driving course so it cost them the price of the course and someone to deliver the post that day

NWpostie · Post by **NWpostie** » 25 Nov 2008, 22:01

mmm not looking good, I don't like being shafted by some faceless beauraucrats ticking boxes, if they do find against me, as soon as I am off driving, I am withdrawing my goodwill and refuse to do anymore driving for RM.

DGP1 · Post by **DGP1** » 25 Nov 2008, 22:05

I wouldn't worry about it, after all, the worst they can do is to take you off driving and if you're lucky you'll be sent away for a driving course in RM time.

NWpostie · Post by **NWpostie** » 25 Nov 2008, 22:11

I suppose not, I would have to tell my Insurance company, it becomes part of my driving history.

brothermagrew · Post by **brothermagrew** » 25 Nov 2008, 22:18

NWpostie wrote:last week on an exceptionally windy day, the rear door of my van blew out of my hand by a gust of wind and scraped the side of a passing car, causing a dent and paint damage, I just got a report back stating I am blameworthy for it, I dispute that as I consider it an "Act of God" and you could not predict it, I am considering appealing against it.

Do I have a leg to stand on ? I am seeing my rep tommorrow about it.

Like you say unpredictable and why not put in an appeal, nothing gained nothing ventured. Just to cheer you up if you haven't already seen it hire a film from your local video store called The Man Who Sued GOD (Billy Connolly).

soltan · Post by **soltan** » 25 Nov 2008, 22:18

Could you not argue that maybe your vehicle should have appropriate restrainers like on corsa, transit type vans that keep the rear doors flush with the vehicle. Also should the passing vehicle not have allowed more room?

NWpostie · Post by **NWpostie** » 25 Nov 2008, 22:45

soltan wrote:Could you not argue that maybe your vehicle should have appropriate restrainers like on corsa, transit type vans that keep the rear doors flush with the vehicle. Also should the passing vehicle not have allowed more room?

I will put that to them, the Van in question is an LDV Minibus, the retrainers were not up to the job being all plastic.

axeman · Post by **axeman** » 25 Nov 2008, 22:57

Yes you do in law the car passing has to leave a set distance from your vehicle you could say he was too close to your parked vehicle and if he was driving correctly (distance) from your vehicle the he would not have run into your door

andy2007 · Post by **andy2007** » 26 Nov 2008, 11:42

axeman wrote:Yes you do in law the car passing has to leave a set distance from your vehicle you could say he was too close to your parked vehicle and if he was driving correctly (distance) from your vehicle the he would not have run into your door

That depends on the size of the door. On a normal Car, you would be right. But some Van/Minibus and most 3 Door Cars the doors are larger, to improve access, when fully opened. As it was snatched out of his hand, it could concievably have been unavoidable by the other driver. Is the door bigger than a normal Car door?

As for blameworthyness: I'm not 100% sure. But from an Insurance Company's point of view, they will try to say that one Driver or the other, is to blame. But that can be challenged, if you want to.

You might be better, trying to go for "knock for knock". By pointing out what Axeman said, about there being insufficient distance between your vehicle, and the Car.

Good luck.

Stormproof · Post by **Stormproof** » 26 Nov 2008, 16:49

A van (LDV Convey) I took out the other week had no restrainers on the doors, due to the doors having to be cut off time and time again to get to the bags inside, luckily the doors did'nt hit anyone even though it was blowing a gale! I did get shut in a few times tho

This week the van I've been using (old LDV postbus) I could'nt even get the back doors open, at least it was'nt boarded so I could get to the bags/packets. Why are the vans so sh*t?

galaxie500 · Post by **galaxie500** » 26 Nov 2008, 17:03

k66yla wrote:A van (LDV Convey) I took out the other week had no restrainers on the doors, due to the doors having to be cut off time and time again to get to the bags inside, luckily the doors did'nt hit anyone even though it was blowing a gale! I did get shut in a few times tho This week the van I've been using (old LDV postbus) I could'nt even get the back doors open, at least it was'nt boarded so I could get to the bags/packets. Why are the vans so sh*t?

because ldv are cheap thats why they buy them you get what you pay for pay peanuts get heaps of crap
the back doors are allways playing up on the our ldv vans
transits are much better so are the vauxhalls