Last Saturday I tripped in a garden centre and couldn't regain my balance .

I tripped down a slight slope and only stopped when my knees crashed to the ground and my head into the drivers door of a 6 month old BMW.

I was taken to hospital by ambulance and was cleared as bruised but nothing broken.

I am black and blue and very sore.

The owner of the BMW was VERY nice

but he phoned this evening to say the car needs a new door as sensors are involved to the tune of £1500!

I am stunned - literally and financially.

Would my homeowners personal liability cover this?

Would he have to sue me or just issue his request for payment?

Has anyone any advice? ,

experience of such matters?

what!!

did he tell you in was internally gold plated as well....

I know! I dented the door skin with my head- very painful. The BMW quote includes spraying front wing to match door!

Home Contents Insurance personal liability cover should help with this.

You need to phone them with full details of what happened and they will deal with the third party.

IF your Insurers denied liability for this, which is possible, then yes in theory the third party could issue a court claim against you. If that happens, then your Insurers should become involved as you have your personal liability covered by them, so if you lost in court, they would have to pay out. So your Insurers should be involved at all times in any communications. Do NOT speak to the third party, other than pass on your Insurance details.

Thanks so much. I am unbelievably upset. I will phone them tomorrow

Accidents happen ! Just to warn you, when it comes to Insurers and issues of liability, it is not that straightforward. You may be surprised to know that you can accidentally damage another persons property, but not be legally liable for the damage. Insurance would consider the legal position and not consider what would be considered as morally correct. But don't worry about this, as your Insurers deal with all of this.

Thank you. I sort of understand morally/ legally and will follow your advice. May I keep CAG posted in case others find themselves in this situation.

Thank you. I sort of understand morally/ legally and will follow your advice. May I keep CAG posted in case others find themselves in this situation.

Yes please do update us with how things progress.

i would expect the path owners get a claim too

Hi Phyllis,

You may also find your home insurance offers you some sort of legal advice service so you can tell them what happened. Then they may be able to tell you where you stand.

Do you think the garden centre could be responsible for your fall. Again, your home insurance may offer advice on this. If they were responsible, they could end up paying YOU for pain and suffering, as well as having to pay for the BMW damage.

About the car, if you're responsible for damaging it, then it doesn't matter if the damage is £200 or £2,000 to put right - regardless, you'd be responsible. I'd say £1,500 to repair a 6 month old BMW door is not so unreasonable as the car owner is entitled to have the car restored to the pre-accident condition.

Keep us posted.

No, there was nothing in the centre to cause my fall. I just tripped. Like a rugby tap tackle and stumbled forward until my knees hit the ground and my face the middle of the drivers door. The estimate includes reference to front wing, front light, rear wing - I "only" head butted the door skin. Big dent. I don't understand the extent of the repairs . I can't comment on cost, just confused how front wing is involved .

I could be playing devils advocate here but I'm curious: was the BMW parked in a marked, approved parking space? If not then there maybe no claim. I'm curious how one can trip on a footpath and go head first into a car? I'm presuming you gave the BMW driver your details, I have to say that in the same situation I wouldn't be doing that, I'd refer him to the landowner and leave.

There were no designated parking spaces. The car was just " parked" in free space. I tripped, I think my shoe caught the ground and I stumbled forward down a gradual slope( very slight incline) the owner of the car returned to his vehicle to find me lying on the ground nearly under his drivers door. I couldn't move and was " back boarded" by ambulance paramedics to ambulance and hospital. Leaving was not an option.

Sounds quite a nasty fall. Just give full details to your Insurers and let them deal with it. I can't see the point in a discussion of the merits of claim, as this is now a legal argument between your Insurers and the third party. They will contact the third party for more information and decide based on the information from both parties.

If you have any problems, come back for more advice.

Thank you. I'll keep you posted. Home insurers say no cover as it happened away from home. We were in Republic of Ireland for a weekend break, so are checking our annual travel insurance policy . I'll keep you posted.

I know it was your head but that wouldn't leave much of a dent, even if it was a large area dent a good paintless dent removal person could repair it as good as new if the paint surface is not broken.

Much more preferable to altering the original paint surface.

£60-£100 just give him the cash when it's done.

H

Thank you. I'll keep you posted. Home insurers say no cover as it happened away from home. We were in Republic of Ireland for a weekend break, so are checking our annual travel insurance policy . I'll keep you posted.

What Home Insurers are you with and what is the name of the product ?

Some cover Personal Liability outside the UK, if there was no other Insurance. But obviously if you had Travel Insurance, that would be more relevant.

NEVER admit liability or pay anything to a third party in these situations. Falling over and damaging third party property does not make you legally liable. If you paid any sum of money to the third party that is admitting liability, therefore making it much easier to be taken to court for any sum the third party could evidence.

I think the third party could be trying to pull a fast one and make money from the situation i.e dodgy estimate.

Thank you. Home insurers are Axa.

Firstly, i would point out that your Travel Insurance is most relevant. So you must register this as a possible claim with them.

Then as a back up, your Home Contents Insurance liability, will only assist you, if the third party took you to court in the UK, which i think they could do, as you live in the UK. It does not matter if the accident too place in Ireland.

The exclusion on the AXA POLICY, is that they don't deal with claims outside of a UK Court, as stated here

any action for damages brought in a court outside the United Kingdom;

DO NOT get into communications with the third party, apart from providing Insurance details.

Thank you so much,. My mum (92) is in care( with my love and support) and in current crisis so your kind support means a lot

Did anyone get any pictures of the dent? Have you seen them.

PDR is best for the other party as no insurance claim and they keep the origional finish of their car.

Best for you as no hassle. Additionally, no chance of other party gaining an advantage.

I can't see a head butt causing enough damage to warrant a door skin, never mind a door regardless of the sensor situation.

Win-Win

H

I don't think the OP will know what PDR means !

Given the OP's current situation, i think it not advisable for them to deal with any claim from an Irish third party. They have liability Insurances and it is wise to let them deal with it. The claim is likely to go against Travel Insurance personal liability, therefore no real effect on cost of future insurance. No doubt the Insurers will consider the third parties claim carefully on receipt of the details.

Yes, there are photos. I have submitted claim form to travel insurers . Will keep you posted.

Can you post the photo's on here.

I explained what PDR was in a previous post. In my experience, after an explanation an ACRONYM is OK.

Anyway, I seem to be the only one who thinks this is a good idea. It still is, other party happy their cars not been painted, or door replaced many benefits.

Never mind.

H

Can you post the photo's on here.

 

I explained what PDR was in a previous post. In my experience, after an explanation an ACRONYM is OK.

 

Anyway, I seem to be the only one who thinks this is a good idea. It still is, other party happy their cars not been painted, or door replaced many benefits.

 

Never mind.

 

H

Apologies, Hammy, I don't know what PDR means after your explanation. Looking on google, it seems to have a lot of meanings. Is there any chance you could enlighten us please? We aren't all in the motor trade.

HB