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    carcrash101's Avatar
    carcrash101 Posts: 1, Reputation: 1
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    #1

    Aug 9, 2008, 04:59 PM
    Car Accident Liability
    I parked my car on a busy, business district road. I had gotten out of the car and someone in my back seat got out of the car hitting a passing car and breaking the rear view mirror on the passing car. Who is liable?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 9, 2008, 05:08 PM
    Quote Originally Posted by carcrash101
    I parked my car on a busy, business district road. I had gotten out of the car and someone in my back seat got out of the car hitting a passing car and breaking the rear view mirror on the passing car. Who is liable?


    The person who opened the door into traffic when it was not safe to do so.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 9, 2008, 08:37 PM
    Yes, the person who opened the door, but most likely they other driver ( car) can also hold your car insurance since it was your car. And then of course your car insurance can hold this against the perosn who actually opened the door
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Aug 10, 2008, 08:12 AM
    Quote Originally Posted by Fr_Chuck
    Yes, the person who opened the door, but most likely they other driver ( car) can also hold your car insurance since it was your car. And then of course your car insurance can hold this against the perosn who actually opened the door

    Right, I should have said more than I did - when I said the person who opened the door I meant that the insurance company insuring that auto would ultimately pay. The driver of the car is ultimately responsible for the actions of the passenger.

    I didn't mean that the person who opened the door or his/her insurance company would be responsible to pay for the damage.

    Then what happens is up to the discretion of the insurance company - sue the person who opened the door or not (although in my area they usually do not pursue it).

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