Illegal parked car opened driver side door suddenly and collided

Wondergirl · Jul 12, 2012, 04:50 PM

Has your adjuster asked for your version of the facts of the accident?

What does the police report say about the other guy opening his door?

Fr_Chuck · Jul 12, 2012, 04:55 PM

Yes if it happened exactly like you said, they should pay for your damage and you don't pay for theirs.

I would hope the officer looked at the damage can could tell how it happened, the point of impact is different if door was already opened, than if it is opening.

But they will look at the police reports, they will take statements and then it is up to the insurance companies, talk to yours and see what happens.

ScottGem · Jul 12, 2012, 05:08 PM

That he was illegally parked is immaterial. You have an obligation to assume that someone may be exiting a parked vehicle. But he has a greater obligation to to make sure the way was clear to open his door.

If he told the police first that he was exiting, then changed his story, the p[olice report should note that.

The coverage you each have also doesn't matter. Since you do not have collision then your carrier doesn't have to pay, so you file a claim against his carrier for reimbursement of damages. If he denies fault they will investigate. If they deny your claim, you file suit. Your carrier may help with this.

He may file a claim against your policy as well.

tomchao01 · Jul 12, 2012, 06:38 PM

1.There is no ajuster contact me yet.
2.The police report recorded both side statementt that I said the other dreiver opened the door and collided. The other driver said he got into his casr about to close the door and I hit his door.

Wondergirl · Jul 12, 2012, 06:42 PM

Did you call your insurance agent to report this accident?

ScottGem · Jul 12, 2012, 06:44 PM

You said;

Quote:

Originally Posted by tomchao01

But after the police told him, it's his responsibility to watch the traffic before opening the door. He changed hiis words that he got into his car and about to close the door. .

and the officer didn't record this change in story? you need an adjuster to take pictures of the damage to see if the evidence supports his story.

tomchao01 · Jul 12, 2012, 06:45 PM

Quote:

Originally Posted by Fr_Chuck

Yes if it happened exactly like you said, they should pay for your damage and you don't pay for theirs.

I would hope the officer looked at the damage can could tell how it happened, the point of impact is different if door was already opened, than if it is opening.

But they will look at the police reports, they will take statements and then it is up to the insurance companies, talk to yours and see what happens.

I took pictures on both car. How does it supports my statement ( as I decribed in my question). The police report marked my car impact on the front and right front cornor which is wrong. It is more on the right side actually. The police didn't even check my car.

Wondergirl · Jul 12, 2012, 06:48 PM

Did you call your insurance agent to report this?

tomchao01 · Jul 12, 2012, 06:48 PM

Quote:

Originally Posted by Wondergirl

Did you call your insurance agent to report this accident?

I called my insurance already but not claim yet. I heared it's not easy to clain with the other side insurance company by individual.

Illegal parked car opened driver side door suddenly and collided

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