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    nvitanza's Avatar
    nvitanza Posts: 1, Reputation: 1
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    #1

    Aug 31, 2010, 08:38 AM
    Accident in private drive
    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
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 31, 2010, 09:10 AM

    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Aug 31, 2010, 09:26 AM

    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?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Aug 31, 2010, 09:55 AM
    Quote Originally Posted by nvitanza View Post
    ... 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.

    Quote Originally Posted by JudyKayTee View Post
    ... 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.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Aug 31, 2010, 11:00 AM

    Right, that open door can sure block your view!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Sep 1, 2010, 07:32 AM

    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.
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