Ask Me Help Desk - Parked car/moving car crash

I was parked in a parking lot. Opened my car door, car speeds into adjacent space, clips my door. Woman exits screaming, crying, hysterical, her husband's wallet has just been stolen, he will kill her etc. Minimal damage to the inside of my door, but it's $550 (just over my deductible) she has a huge dent in her fender. ( $1,200) Police take both statements, I'm pretty clear I'm not going to be found liable. I'm parked, right?

Long story short, I don't file with my insurance, but file against hers. Not only do they not find for me, they are coming after my insurance company to pay for her damages!! The investigator says I have an obligation to look back before I open my door. OK, point taken, but doesn't she have a responsibility to look FORWARD? And drive slowly enough to stop if something moves?

I could live with paying for my damage and her paying for hers, but for me to pay for her? My insurer says they will fight it, but if they lose, I'm looking at higher rates. How is this fair? Or is this just insurance company standard procedure to see what they can get?
Thanks

They are protecting their best interests. You need to file a claim with your insurance company and let them fight it out. As long as it is you against them guess who wins right or wrong.

One is supposed to look carefully before opening their door. I'm not surprised you were deemed at fault. At best it might be shared 75/25 with her the 25.

Quote:

Originally Posted by ScottGem

One is supposed to look carefully before opening their door. I'm not surprised you were deemed at fault. At best it might be shared 75/25 with her the 25.

To repeat myself - "I'm an accident investigator." Depending on several factors - where the damage occurred (if you can tell), initial impact - I would go with Scott with 75/25, the 75% being you and the 25% being the other driver.

It is also illegal to open a car door into moving traffic without checking first that it is safe - and I know you feel she was driving too quickly as well as erratically.

She is going to say you suddenly opened the door; you are going to say she wasn't looking. I see a lot of these, unfortunately.

Just to clarify this a little bit for me...

What it sounds like you are saying is:

You were parked in a stall and she came in the stall next to you, as if the stalls are side by side?

Something like this:

---------------------------
| stall 1 | stall 2 |
|empty | your car |

And you were opening the door and... did she drive into it? Was it fully open? Or was your door already open before she pulled into the spot?

Depending on how the collision happened, and if you can prove how it happened, the outcome may be different...

Example
If you had already opened your door, and it was fully opened and you were prepared to exit your vehicle, then the other driver came into the spot.. I don't see how you would be at fault, if the other driver was driving a normal pace when entering a parking stall, not to mention paying attention to what was in the stall (shopping cart, open door etc) then the second driver would have had ample amount of time to react and prevent the accident (brakes... )

BUT

If the other driver was entering the stall and you opened your door as she was approaching, and she clipped you then I could see you being at fault.

It really depends on how it happened and what you can prove -- he said she said type stuff wouldn't hold up as well as hard evidence (hard evidence would come from the damage and points of impact)

But of course I am sure you have already heard this from someone else who knows something - I am not an expert just an out sider looking in. Hope I may have helped though.

SB

Yeah it sounds to me like she had the door open or was in the process of opening it when the other car sped into the spot.

Quote:

Originally Posted by SaltyBob

Depending on how the collision happened, and if you can prove how it happened, the outcome may be diffrent....

example
if you had already opened your door, and it was fully opened and you were prepared to exit your vehicle, then the other driver came into the spot.. i dont see how you would be at fault, if the other driver was driving a normal pace when entering a parking stall, not to mention paying attention to what was in the stall (shopping cart, open door etc) then the second driver would have had ample amount of time to react and prevent the accident (brakes...)

The other vehicle "clipped" the OP's door - it was not fully opened from what I can read into this or else, yes, the other driver would have also been negligent.

The insurance company is doing what insurance companies do... they are trying to screw you over. They are the devil. This is the game they play. They don't care whether you were at fault or not. Many insurance companies will automatically find the other driver at fault without even looking into the matter. Their company policies dictate immediate denial of fault. You, as the injured party, must stand your ground and deny any liability whatsoever.

From what you wrote originally (which clearly most people who have responded to you didn't bother to read very carefully)... the other driver was speeding into the parking space next to you. Even if you were being careful and done everything you could as a reasonable person, you likely could not have avoided someone pulling into the next parking stall at an excessive and unsafe speed. It was the other driver's speed which caused this accident - nothing else. If the other driver had been driving at a reasonable speed this accident would not have happened. She acted unreasonably, was distracted and not paying attention to changing conditions around her. It was her negligence which is to blame, not your opening a door. There is nothing unreasonable abour getting out of your car in a safe manner. This 75/25 ratio people are spewing is nonsense. This is a clear case of negligence. The driver had a duty to act reasonably in the operation of her vehicle; she breached that duty by driving at an excessive speed (we know it was excessive because she was not able to avoid a collision at that speed); and her breach of that duty caused an accident resulting in damages. Text book.

Like I said, stick to your guns and threaten to get an attorney. Maintain and insist that liability is clear and rests wholly with their insured (in fact, use that as a quote).

***Not a lawyer... I just know my stuff in this area. This is not intended as legal advice and is purely for academic purposes.***

Yes, many insurance companies often merely refuse ( deny) the original claim on a lot of claims, esp when filed by a person, not though an insurance company.

Also exactly how the accident report is witten, even to how the officer showed the drawing for the Point of impact on each car.

So while I think moving car has most liablilty, often in these the fault is split in a percentage of fault.

Best bet, as noted turn it over for your insurance to deal with them on their claim.

Quote:

Originally Posted by dogtrainer

From what you wrote originally (which clearly most people who have responded to you didn't bother to read very carefully)...the other driver was speeding into the parking space next to you.

This 75/25 ratio people are spewing is nonsense. This is a clear case of negligence.

(we know it was excessive because she was not able to avoid a collision at that speed); and her breach of that duty caused an accident resulting in damages. Text book.

You are very far off here. This is not the "clear case of negligence" or "text book" case you think it is. First, we have only the OP's word that the other driver was speeding. Second, really how fast can someone be going if they are pulling into a parking slot? If she was going that fast, whouldn't she have plowed right into whatever was at the end of the slot? If she was going that fast, its more likely she would have torn the door off instead of just damaged it. Maybe she couldn't avoid the collision because the OP opened the door right in her path!

I'm not saying this was the case, but the odds are certainly more towards a shared liability then not. So if the OP wants to spend his money pursuing his claim, then he is free to do so. My opinion is that it's a waste of time and money.

Quote:

Originally Posted by dogtrainer

From what you wrote originally (which clearly most people who have responded to you didn't bother to read very carefully)...the other driver was speeding into the parking space next to you. Even if you were being careful and done everything you could as a reasonable person, you likely could not have avoided someone pulling into the next parking stall at an excessive and unsafe speed. It was the other driver's speed which caused this accident - nothing else. If the other driver had been driving at a reasonable speed this accident would not have happened. She acted unreasonably, was distracted and not paying attention to changing conditions around her. It was her negligence which is to blame, not your opening a door. There is nothing unreasonable abour getting out of your car in a safe manner. This 75/25 ratio people are spewing is nonsense. This is a clear case of negligence. The driver had a duty to act reasonably in the operation of her vehicle; she breached that duty by driving at an excessive speed (we know it was excessive because she was not able to avoid a collision at that speed); and her breach of that duty caused an accident resulting in damages. Text book.

Apparently I'm one of those people you believe "clearly didn't bother to read" OP's post carefully.

You could not be more incorrect in your statement "it was the other driver's speed which caused this accident - nothing else." The accident was caused by a driver pulling into a parking spot AND a driver opening a car door. BUT FOR the car door being opened there would not have been an accident.

Your statement that the 75/25 ratio people are spewing nonsense is offensive - I do this for a living. Get paid for it, have done accident investigations for a number of years. I know what I'm talking about, at least in my State. I have investigated thousands of accidents - I'm not making this stuff up because I'm bored.

Your blanket statements are offensive and way off base.

You are assuming that the other driver was speeding - that's an ASSUMPTION. I KNOW the OP opened her car door - that's a FACT.

I'd like to know what "text book" finds this 100% the fault of the woman pulling in.

You disagree with me, that's fine. Everyone is entitled to an informed opinion. Your legal-ese language ("her breach of duty, blah, blah, blah") also applies to the person who opened the car door.

- But please keep the personal comments and insults out of it and stick to the facts.

Oh, and I work 99% of the time for the Plaintiff, not the Defendant and not the insurance company so, yes, I am trying to make a case for the woman who opened the car door. I just don't see any facts to support her. And neither did her insurance company.

I see people fly into parking spaces all the time and stop on a dime. I often think I am glad I wasn't standing there with the door opened. The OP does need to clarify on at least a couple of things though.

Some years ago, this old guy backed into my car while he was parking.
He freaked out and stood on the gas as he was already pushed up against my car. I was standing on the footpath watching it all happen.
I felt sorry for the old fellow, he was about 89 not out!
When I went to claim insurance, I was deemed to be 25% in the wrong, just because my car was on the street!
Fortunately, the damage wasn't too bad as he was pushing up against the tyre.
What the heck, I just paid my share and moved on.

Quote:

Originally Posted by Peter Wilson

Some years ago, this old guy backed into my car while he was parking.
He freaked out and stood on the gas as he was already pushed up against my car. I was standing on the footpath watching it all happen.
I felt sorry for the old fellow, he was about 89 not out!
When I went to claim insurance, I was deemed to be 25% in the wrong, just because my car was on the street!
Fortunately, the damage wasn't too bad as he was pushing up against the tyre.
What the heck, I just paid my share and moved on.

Unless you were illegally parked I'd still be screaming at the insurance company. That's why I pay high premiums - so I'm insured if something happens.