If I had just parked legitimately on the street (in California) and opened the door, while another vehicle slams into it -- this accident should be his fault, right? The lanes, however narrow, should be designed to accommodate a properly parked vehicle plus the width of another car (regular sedan) plus the open door, presumably. Is there a simple answer to these type of accidents?
2006-06-06 10:00:50 · 5 answers · asked by O P 1 in Cars & Transportation ➔ Insurance & Registration
It will depend on the case. The basic premise of almost all motor vehicle code states the car on the road, going straight with no traffic controls, has the right-of-way. Anyone else is required to yield, not just cars but including people exiting vehicles from curbside parking spaces.
Parking spaces are built to house the vehicle safely only. There's no design to accomdate a fully open door - I've never seen a curbside parking space that big!
However, if your door had been open for a length of time (ie, you were loading a baby into a carseat, you were already half in/out of the car) and the damage supports this, you have a better basis to argue liability with your insurance company. The damage would have to be to the INSIDE of the door, with the door hyper-extended forward toward the fender after impact, with the other car's damage being directly to the front bumper.
If the damage to your door isn't the inside panel, and the damage to the other vehicle is anywhere but square on the front bumper, I'm afraid you're likely going to be the liable party and your insurance company will owe the other vehicle's damages.
2006-06-06 14:29:26 · answer #1 · answered by ohso_quiet 4 · 3⤊ 0⤋
kalsmom is right. You should have looked before opening you door. I know of quite a few streets in LA that don't have room for parked cars and two way traffic... plus a fully opened door. It's going to come down to how fast the other car was going and if you could have prevented this by a quick look over your shoulder, or into the side view mirror.
2006-06-06 10:11:54 · answer #2 · answered by BrownTown 5 · 0⤊ 0⤋
There's no simple answer. You will probably be liable though, for opening your door without due care and attention. How was the driver to know that you would be opening your door? Also, there's no law that says that the roads have to accommodate you and the car and the door.
2006-06-06 10:04:25 · answer #3 · answered by kalsmom 5 · 0⤊ 0⤋
It will depend on the state and who has permission to force the automobile. If your grandma offers permission, she shall be accountable for the opposite events damages and accidents. She might then must flip round and dossier a swimsuit towards the driving force of her automobile to recoup for her losses. The nice factor she will be able to do is get very well coverage if you want to aid duvet all people who drives her automobile and offers the highest insurance plan for the injured events of the opposite automobile. Her caretakers can aid pay for the additional insurance plan in the event that they plan to force the automobile.
2016-09-08 21:32:14 · answer #4 · answered by geddesjr 4 · 0⤊ 0⤋
your fault you should have looked before you opend the door. by opeing the door you re-entered the traffic lane of the other driver so it is your fault sorry that really sucks
2006-06-06 14:29:53 · answer #5 · answered by Coconuts 5 · 0⤊ 0⤋