I was driving along a street (about 20 mile/h)and the way was clear utill I passed by a parked car. The driver opened the driver side door suddenly and collided. He told me he was opening the door to get out. 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. The statesment from both side of us were recorded in the police report. The collision mark was on the edge of his door and my right side of signal light and fender. (His door was squueezed and there were long scratch on the right two doors of my car too). I also found the car was parked beside a fire hydrant and 11/2 feet away from the curb. How do I win the case with the evidence? He has full coverage insuance, but I only have liability.New York.

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?

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.

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.

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.

Did you call your insurance agent to report this accident?

You said;

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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. .

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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.

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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.

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I took pictures on both car. How does it supports my statement ( as I described 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.

Did you call your insurance agent to report this?

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Originally Posted by Wondergirl

Did you call your insurance agent to report this accident?

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

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Originally Posted by ScottGem

You said;

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.

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No. The police office didn't event want me to stay close to their discussion and didn't even ask me any question but ask for Insurance and ID. I quickly said " he opened the door suddenly" twice. The partner of the police rudely asked me to go back to my car and not to repeat. I felt there was discrimination there.

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Originally Posted by tomchao01

No. The police office didn't event want me to stay close to their discussion and didn't even ask me any question but ask for Insurance and ID. I quickly said " he opened the door suddenly" twice. The partner of the police rudely asked me to go back to my car and not to repeat. I felt there was discrimination there.

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Doesn't really matter. The police report is just a report, not a binding determination of fault or lack of fault.

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Originally Posted by ScottGem

You said;

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.

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No. I felt the police led him to say so. They didn't even ask me any question. I was stopped when I said "he opened the door suddenly"

You tell this to your insurance carrier. If this comes to a trial, the police officer will be questioned about it..

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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.

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May I know how can we tell the damage was caused when the door was already opened or about to close? The door impact point is on the edge of the door and it's squeezed. My car impact point is on the right side of the signal light, fender and there are scratch mark on the right side of the bumper and two doors.

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Originally Posted by AK lawyer

Doesn't really matter. The police report is just a report, not a binding determination of fault or lack of fault.

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What do you think if my claim statement like this:
I (D1) was driving S/B on Robinson St (20 miles/h). The way was clear until the parked car driver (D2) suddenly opened D/S door and collided. I asked him if he was trying to pull out. He said no, he was opening the door to get out. (parked car at Fire Hydrant, 1.5’ from curb).

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Originally Posted by ScottGem

You tell this to your insurance carrier. If this comes to a trial, the police officer will be questioned about it..

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I'll mention that to my insurance company later.

What do you think if my claim statement to his insurance company like this:
I (D1) was driving S/B on Robinson St (20 miles/h). The way was clear until the parked car driver (D2) suddenly opened D/S door and collided. I asked him if he was trying to pull out. He said no, he was opening the door to get out. (parked car at Fire Hydrant, 1.5’ from curb).

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Originally Posted by tomchao01

I'll mention that to my insurance company later.

What do you think if my claim statement to his insurance company like this:
I (D1) was driving S/B on Robinson St (20 miles/h). The way was clear until the parked car driver (D2) suddenly opened D/S door and collided. I asked him if he was trying to pull out. He said no, he was opening the door to get out. (parked car at Fire Hydrant, 1.5' from curb).

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You tell only your side. Again the fire hydrant is immaterial. Don't refer to what he said but what actually happened.

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Originally Posted by ScottGem

You tell only your side. Again the fire hydrant is immaterial. don't refer to what he said but what actually happened.

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I only heard the sound since the driver opened the door suddenly. From the way was clear previously, the impact point is on the edge of his door, and what he told me that confirmed what actually happened. I didn't see how the accident happened, does that matter?

You didn't see the door opening (or closing) at all? Do you remember where you were looking at the time?