Who's at fault?

Question

I was in a doctors parking lot, opened my car door to get out and another car hit my car door. I am unable to close it now. She says it is my fault for not watching, I say my door was already open and she hit it. Who is at fault and who's insurance should pay?

Answer 1

She hit you. Your car was not moving. It is her fault for failing to maintain full and complete control of her vehicle.

Answer 2

It depends on how long the door was open. If you're talking simultaneously opening the door when the car was pulling in, you are mostly, if not completely, at fault. You have to make sure it's safe to open the door before you do. If it was open for quite some time (around a minute) then it was open, there to be seen and avoided, and you are not mostly at fault. What the insurance company will do is look at the vehicles. You can usually tell from this kind of accident how it happened and whether the door was open all the way, etc. Let them handle it.

Answer 3

I was told that if an accident happens on private property (ie parking lot, not a roadway) there is no fault unless someone admits it. I dont know where you are, or what your laws are. But if this is the case you may have to eat it :( sorry about your door. I hope if anything she had damage too... maybe its better to leave it at that versus an ugly court battle.

Accidents happen. Just be grateful you werent holding the door when she smashed into it. You could have been badly hurt.

Let your insurance people fight it out for you, thats what you pay them for. Good luck!

Answer 4

It might be your fault. I you jump out in front of traffic or throw an object on the road it is your fault, not the fault of the person driving. I know someone who hit a kid. The police said he was not at fault because the kid jumped into the road and the guy I knew couldn't stop in time. However, in that situation he was moving along at the proper speed limit. If the person who hit you was moving too fast or didn't stop in reasonable time, it was her fault. Otherwise, it was probably your fault for putting an obstacle in her path. However, if she say you trying to get out and still kept moving, then it was at the very least inconsiderate of her. It gets very confusing, and I don't know the law in your province or state.

Answer 5

Its her fault. It's a courtesy to wait if u see someone has opened a door and dont have enough space to go through. Besides she hit ur car, so it is definitely her fault.

Answer 6

You were stopped, parked and not even behind the wheel. Was totally her fault. You were on private property, so police do not have to be called, but if you can't get it resolved civilly, you can still have the local police file a report and turn it in to her insurance.

Answer 7

It may be contributory but it depends on where you live.

We have a statute in maryland that you would be at fault...21-801: opening and closing of vehicle doors
it's 75-3705 in Pennsylvania and 21-4190 in Delaware. I would imagine your state has it's own as well.

Answer 8

The only way she could of hit your door is if you had it open. Your door had to have been open before she got there, she must of been going to fast for safety.

Answer 9

Since it happened on private property, the insurance companies will make that determination based on where you were parked and other factors. They may split the costs between them or may not. Your insurance adjuster should work on your behalf to help you get the situation resolved to your satisfaction.

Answer 10

It was a totally not your fault.