I parked my car in the parking lot. I looked my left side and it was clear. Then I opened my door, and was going to come out. Right at that moment, another car came to my left side parking space and hit the edge of my left side door. She said that she was sorry about it. Then I called my insurance company and they told me it is my fault 100%. And I will get surcharge, too.
I can't believe this. They hit me and it is my fault.
Any advice?
2007-11-28 02:35:15 · 13 answers · asked by confused 1 in Cars & Transportation ➔ Insurance & Registration
Almost under any circumstance, if you are the one backing out out a driveway, parking spot, etc. - and you hit a car/or a car hits you, it'll be your fault.
I'm not sure what the right terminology is, but I think it's like you are the secondary driver.. the one driving in the roadway or street has the right-of-way.
I know, it can be a b*tch, but the only thing I can say is to hopefully not do it again and just be more careful when backing out. Also, that's somewhat slimey she apologized then claim its your fault.. so you got to watch out for that too.
2007-11-28 02:45:01 · answer #1 · answered by two_design_kitties 3 · 0⤊ 1⤋
There's no advice to give other than be aware of your surroundings.
In a parking lot it gets very tricky as to who is at fault. Backing out of your spot, and getting hit is also your fault.
Opening your car seems innocent right?
Think about it like this.
Your DOOR opened up and crossed over the line into HER parking spot as she was parking.
You're at fault.
If she hit your door, because she was all over the line it would be your fault.
Now your rates shouldn't go up unless you filed a claim. How bad was the damage? Or did her car get damaged too?
Advice:
1. Watch what you're doing. Even though she may have been an iddiot. You have to watch for iddiots too.
2. If you can fix it cheaper at a shop, do that instead of paying your insurance company. Especially since your deductible may be higher than the cost to fix it on your own. Not to mention your rates could go up if you've gotten into more than one accident in a year or 5 years.
2007-11-28 02:45:18 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Here, it would depend on whether or not your door swung into the next space. If the other vehicle is driving in an occupied parking space, they should expect to have things like that happen to them.
It is very similar to opening a door into traffic, swing it into a driving lane and the damage is your fault.
Crack the door open and turn and look back next time.
2007-11-28 03:27:27 · answer #3 · answered by Tom K 6 · 0⤊ 0⤋
you're at fault. it would not count one bit that the vehicle changed into illegally parked, it would not count that it changed into snowing and it concerns even a lot less that it changed into uninsured. Police do no longer and can't ensure liabilty for an twist of destiny. purely insurance businesses try this. on condition that he did no longer have insurance,once you've collision insurance and in case you opt for your vehicle fastened and your medical charges paid, you'll both ought to apply your collision insurance or in case you do not use your insurance you are able to sue the different guy on your own. in case you take advantage of your own insurance, they're going to fix your vehicle, pay your medical charges Your insurance organization will then sue the different guy to get well their prices. the alternative i can make is to apply the insurance. isn't that what it truly is for? the guy would have parked contained in the midst of the line even as robbing a economic corporation , were given a dozen tickets from the law enforcement officials and also you are able to nonetheless be at fault.
2016-10-25 03:57:19 · answer #4 · answered by jepsen 4 · 0⤊ 0⤋
Yep. Sorry to hear about the incident. But you opening your drivers door to any on coming trafic and a car hits the door and takes it off. Not only would you be liable for your own car, you would be held liable for the other drivers damage as well. The surcharge you are talking about is your dedectable.
2007-11-28 02:44:21 · answer #5 · answered by Big Deal Maker 7 · 1⤊ 0⤋
If you had not opened the door when you did it would not have happened so you are to blame. The same applies if you open a door and a cyclist hits it or park illegally and get hit you would be responsible
2007-11-28 02:43:25 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Done Wrenching is right. You are supposed to be in complete control of your vehicle at all times. I'm sorry but, I don't believe you. You didn't look long enough or far enough back to determine if the space was going to be taken when you opened your door.
2007-11-28 02:44:22 · answer #7 · answered by Anonymous · 0⤊ 0⤋
They hit you because you weren't paying attention. You opened your door in front of a moving vehicle, and that moving vehicle hit your door. You created the hazard, not them. Next time, look before you open your door.
2007-11-28 03:41:46 · answer #8 · answered by Anonymous · 0⤊ 0⤋
i asked ppl the same thing at the insurance place
it doesnt really matters who fault it is..its to cover the price of ur car if it gets damaged (some what)
2007-11-28 02:57:30 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yep. I had the same thing happen to me. Although it was written that we were both at fault.
2007-11-28 02:53:27 · answer #10 · answered by Christopher 2 · 0⤊ 0⤋