Opening your car door in a parking lot could cost you!

[quick_scar]

Is it just me, or should the driver who clearly wasn't paying enough attention to where his/her vehicle was be at fault here.

http://calgary.ctvnews.ca/video?clipId=309505

I would be so pissed. Change companies and file suit.

[CapnCrunch]

Moronic.

[AndyL]

TDMM? No... Say it aint so...

She should have gotten her insurance through touchstone

[rx7boi]

Weak. Insurance companies are scum when they pull BS like this.

[M.alex]

TDMM

[rage2]

I don't get what the problem is. TDMM wasn't there. All they have is a police report and damage. I don't get how you can just side with someone because they were taking a baby out?

There's no option for TDMM to do anything other than follow the letter of the law.

You want to take the interpretation out of the hands of insurers? Switch the province to no-fault insurance.

[guessboi]

This is not new and I have seen it a few times in the past few years.

If you open your door and another car hits your door or backs into it.
You are 100% at fault with the door open. TDMM or not, it is 100% at fault.

I have an open claim where my client was driving through a tight residential road, "not paying attention" and bumped into an open door...guess what...he is not at fault.

[FraserB]

Originally posted by rage2
I don't get what the problem is. TDMM wasn't there. All they have is a police report and damage. I don't get how you can just side with someone because they were taking a baby out?

There's no option for TDMM to do anything other than follow the letter of the law.

Exactly. They have two statements from two different people who are swaying the events in their favor. With no police report, just take the facts and strictly apply the law.

@GuessBoi; I assume that applies to on the road as well. If you're driving along, someone opens their door and you shear it off, they pay for all damages associated?

[Tik-Tok]

I'd love to hear the other guys story though, lol.

"Well this stupid woman left her car door open, and I was in a hurry to park, and there weren't any other stalls available, so I just drove into her door".

[guessboi]

Originally posted by FraserB


Exactly. They have two statements from two different people who are swaying the events in their favor. With no police report, just take the facts and strictly apply the law.

@GuessBoi; I assume that applies to on the road as well. If you're driving along, someone opens their door and you shear it off, they pay for all damages associated?

Correct.

[CapnCrunch]

Originally posted by FraserB


Exactly. They have two statements from two different people who are swaying the events in their favor. With no police report, just take the facts and strictly apply the law.

@GuessBoi; I assume that applies to on the road as well. If you're driving along, someone opens their door and you shear it off, they pay for all damages associated?

It makes sense on the road, but not in a parking space.

[CapnCrunch]

Originally posted by Tik-Tok
I'd love to hear the other guys story though, lol.

"Well this stupid woman left her car door open, and I was in a hurry to park, and there weren't any other stalls available, so I just drove into her door".

It was probably some old cunt.

[Tik-Tok]

Originally posted by rage2


There's no option for TDMM to do anything other than follow the letter of the law.

That's like saying cops have no other choice than following the letter of the law.

They do have a choice, it's called personal judgement. A cop can let you off with a warning, and an insurance company can look at the situation with some common sense.

[Masked Bandit]

It's one of those shit situations in life where the person who truly caused the accident / damage gets away with it.

[rage2]

Originally posted by Tik-Tok
They do have a choice, it's called personal judgement. A cop can let you off with a warning, and an insurance company can look at the situation with some common sense.

Then you'll have cases where personal judgment fuck over someone else because of a bad call. It's not so simple when you have to deal with (and I'm guessing here) thousands of claims a day. There is no way you can satisfy everyone, and once in a while, you'll have a pissed off outlier such as this.

If they made a judgment call on this, what's to stop the other guy arguing the letter of the law and causing more $ and headaches in legal fees?

[spikerS]

This is the biggest reason I left TD Meloche Monex. In my opinion, they are the scam artists of the insurance industry. I have also noticed that more often than not, when one of these stories show up, it is these fuck ups at TD that are behind it.

TD Meloche Monex, just when I think they can't fuck up any worse, they go and prove me wrong again.

[dtrieu]

I pulled into a macs once and a passenger in a cab opened the door at the exact same time and hit and scraped my car. They were found at fault as well.

[rage2]

Originally posted by spikers
This is the biggest reason I left TD Meloche Monex. In my opinion, they are the scam artists of the insurance industry. I have also noticed that more often than not, when one of these stories show up, it is these fuck ups at TD that are behind it.

TD Meloche Monex, just when I think they can't fuck up any worse, they go and prove me wrong again.

It's probably because TD is the largest (or 2nd largest) insurer in Canada. I've been using TD for over a decade now, since AMA dropped me for tracking my car, and haven't had an issue with them for any of my claims. And a lot of my claims have been exceptions as well. When my bro wrote off my E55, they put that claim under his policy. When my M3 was at the shop getting the turbo work done and was in an accident on a test drive, they took care of it no questions asked, and the appraiser even went so far as to approve repainting the entire car. Even with all my crazy mods, I had it all documented and sent to their office, and they insured me at appraised value.

My only complaint with them is that they refuse to give the 3 year new car replacement value on any vehicle over $100k. Not a big deal really, but with my cars costing over $100k more often than not, it's a little annoying because I don't get to profit if something happened lol. #FWP

[CapnCrunch]

Originally posted by spikers


TD Meloche Monex, just when I think they can't fuck up any worse, they go and prove me wrong again.

From what I understand, all insurance companies look at it this way. Leaving one company for another isn't going to change anything.

With the way the law is written, and the typical damage amount is probably very low, insurance companies probably wouldn't bother going to court and having $300/hr lawyers fighting it out.

I would guess things might change if her kid was injured or killed.

The real solution is to have 2 different laws, one for parking lot spaces, and one for roadways.

[ZeroGravity]

Originally posted by guessboi
This is not new and I have seen it a few times in the past few years.

If you open your door and another car hits your door or backs into it.
You are 100% at fault with the door open. TDMM or not, it is 100% at fault.

I have an open claim where my client was driving through a tight residential road, "not paying attention" and bumped into an open door...guess what...he is not at fault.

Man, if only we have you as our insurer... my wife did just that, residential street, Toyota Echo passenger side mirror managed to take out the rear driver side door of a Hyundai Santa Fe. Wife was pretty shaken, and said didn't see the door. I wasn't there in the car so I'm not sure if she's paying attention or not. Santa Fe was registered in BC and owner said the door was left open for a while to load things. I have reasons to believe otherwise based on the damage on our car (big dent on the fender in front of the passenger mirror, passenger mirror broke off, and scratch down the doors). Almost looked like they opened the door right when my wife drove by. Anyway, I wasn't there, can't comment.

Anyway, I thought that we're going to be at fault. My insurace TDMM, was pushing for 100% their fault which I was surprised. At the end, it was settled as 50/50.

This was the biggest motivation to push me to install dash cams on our cars.