ANswer this follow up please.. A 2 way driveway a car drives up to a valet. The valet approaches the car. Also on the left lane a valet is backing up a car to bring to a customer waiting in same area. At last minute the entering vehicle opens door at exactly the same time as other car backing up arrives . The door is smashed. Who isat fault only the driver backing up? Does the driver entering have any liability to not open his car right into the other car. I could see if door was left open as in earlier case but it as not. Thx

I'm a liability investigator in NY - both parties have a responsibility to not open a door until it is safe to open a door.

Vehicle #1 driving up should have seen vehicle #2 backing up; vehicle #2 (backing up) had a responsibility to make certain the path was clear.

Both are responsible.

What do the insurance carriers (for the valet, both vehicles) say?

Please do not piggy back your question on another thread. This tends to cause confusion. I've moved your question to its own thread.

Has a claim been filed with the insurance carriers?

... At last minute the entering vehicle opens door at exactly the same time as other car backing up arrives ...

Am I missing something? Didn't the driver opening the door see the other car? Why not? With no other information I would say he was at fault.


... vehicle #2 (backing up) had a responsibility to make certain the path was clear. ...

Yes, and it was clear until the idiot opened his door.

Right, that open door can sure block your view!

Comments on this post
sideoutshu disagrees : OP did not state he was in NY.

This negative comment was inappropriate as it does not correct misstatement of fact. No where did the poster state that the OP was in NY and clearly indicated she was answering based on NY experience.