Last month whilst hitching up my trailer my wife returned from a shopping trip and drive through the gates and slammed in to the open drivers door causing considerable damage. I sent in a claim form to AXA and to my surprise received this reply.
‘J’ai pris connaissance de votre déclaration de sinistre survenu le 14 avril
2025, impliquant votre véhicule de marque FORD immatriculé EK-737-BG.
Les éléments portés à notre connaissance font apparaître que votre
responsabilité est totalement engagée dans cet accident’
After 2 more letter including a declaration d’honour from my wife assuming total responsibility they insist on not changing their decision.
I fully intend escalating this through the Ombudsman but would appreciate anyone else’s thoughts on this. We both have protected ncb but for me it’s quite serious as I already have one own fault claim pending after 20: years faultless driving in France.
Your insurers say that according to what you’ve said… you are responsible…
Frankly, I’m wondering how/what you told 'em about the incident.
It’s very easy to be misunderstood…
Whilst waiting for more knowledgable folks to reply, some months ago a car hit the open door of another car that was parked on the high street in a nearby town. A big argument ensued and the gendarmes were called. They were adamant that leaving the car door open always makes one liable, no matter the circumstances or where the car is parked.
Sounds like a question for @fabien
Maybe it’s different in France, or your cover is different, but if you have fully comprehensive insurance I would have thought that should cover you for any damage, however caused?
The insurers are at liberty to apply an excess, and to hike your premium next renewal, but not to deny a payout?
This is what the RAC UK say on their website:
A comprehensive car insurance policy means you are eligible to make a claim whether the accident was your fault or not.
But maybe check the wording of your policy in case there is some weasel clause in there?
Not on a public location could also be the issue. I’d be going through the small print of the policy - every line.
UK policies require to know where the vehicle is parked so, if ‘on drive/garage’ is submitted then cover must apply.
This not about the insurer paying out, of course they will under a comprehensive policy. The issue is who is to blame. My wife admits full responsibility and I don’t want a second own fault claim in 3 months which will wipe out my protected ncb. Of course if you open the door on a public highway causing a collision it’s 100% your fault and le code de La route is perfectly clear on this. But on private land in my own driveway when I was nowhere near the car!!
Indeed. But as described, the incident could also be considered to be self-inflicted and policies tend to not cover such incidents.
Also I am sure you are already aware of the scam that is a protected no claims discount.
Any accident whether your fault or not significantly increases the price of your insurance as you are deemed to be a higher risk.
Your no claims discount is applied after they determine you risk factor/price.
So you can have have a car slam into the back of you whilst you are waiting at the lights, and then you be classed as a higher risk driver and your insurance will go up…
Driving down this London street with three cars in front of me, we came to a halt as the lead car [No 1] pulled over to the left and parked - say where the silver car is in this photo, by the tree
We all moved off. The driver opened her door onto car No 2. This car backed up so No1 could close her door. No 2 went on and parked, to begin negotiations. Driver of No 1 sat for a few moments, in tears. Car No 3 moved forward - just as driver of No 1 opened her door onto him, too!
Fortunately she didn’t score a hat trick, with me in No 4.
The use of wing mirrors is a forgotten skill. 
No thats a no fault accident and always the person behinds. If they load your premium, not saying they wont but just leave them.
I am considering buying the electronic blind spot alarm. Had a car undertake me the other day just as I was trying to move to lane one, with indicator on. Fortunately the extra quick glance saved the day. They would of course be recorded on the dash cam but better to avoid than try to figure out a claim.
I asked someone who works in French insurance and they said if you have fully comprehensive car insurance, then they will pay for any damage to the car (barring any excess), but car insurance and property insurance are not the same, and as it was the fault of your wife you could not expect the insurance company to cover the damages for the gate. Had it been someone else other than your wife, you might have been able to go through their insurance to make a claim.
If you purchased a television for example, and before installing it, carelessly dropped it, it’s on you. If a friend or neighbour came into the house and accidentally broke it, you could potentially go through their insurance (although possibly not worth it depending on the excess).
You won’t get any further with the insurance company, and it wouldn’t matter which French insurance company you were with, the result would undoubtedly be the same.
Thanks Gareth but it’s got nothing to do with the gate or household insurance.
It’s about a car entering my drive and smashing into my car. How can that be my fault! The fact that its my wife is irrelevant. She is just as annoyed as me as she thinks it should be on her insurance rather than mine.
So if a tractor decides to smash through my fence and demolish my car, is that my fault? I think it’s a jobsworth in HO who just needs a box to put his or her tick in to wrap the case up. Well, I m escalating this to the mediator and see what they say,
As a motorcyclist I do the “Lifesaver” glance over the shoulder by reflex even when I am in the car. 
Yes, I remember you are also on 2 wheels. Just to remind people, in the UK at least, Highway Code Rule 239 -
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you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic by looking all around and using your mirrors
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where you are able to do so, you should open the door using your hand on the opposite side to the door you are opening; for example, use your left hand to open a door on your right-hand side. This will make you turn your head to look over your shoulder. You are then more likely to avoid causing injury to cyclists or motorcyclists passing you on the road, or to people on the pavement.
(My bold on the second para). I wonder how many of us (diligently) remember to apply this technique?
Not with me, it ain’t. I have owned and driven vans and <7 tonnes for decades. No rear view mirror. Even in the car I generally use the wing mirrors rather than the rear view. And I never try to turn to look out the back window - my neck won’t do that, no mo’ !
I’m a bit spoiled by my latest van - where a rear view mirror would be is a screen - reversing camera!
To do the battlefield guiding thing I took the bus driver test and passed first time - only 40% do that. One part is to reverse up to a wall to stop just before a pair of bricks on the road. Another devilish reversing test is a zigzag through cones without knocking them over.
It’s pretty much impossible to over-do the glance, both sides, in the mirrors. It’s the 2nd last thing you do before moving off from a bus stop.
By the way, setting off in 1st from a bus stop which faces down hill is ‘a driving fault’. Gotta be 2nd. You’re only allowed 3 of those. Tricky stuff - turning on the indicators on approach to a T - junction before you pass a side road just meters from the main road is a driving fault, as is changing gear while going round a roundabout.
Passing that course and driving 16-seaters full of pax has made me a much better driver.
The Dutch way