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    Jenny49's Avatar
    Jenny49 Posts: 2, Reputation: 1
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    #1

    Jan 14, 2010, 11:59 AM
    Whose fault if your parked car door damages another parked car
    My child was in a friends mother's car and she parked close to another car. My son opened the door and it made a very small dent in the other car's side. The mother of my sons friend has given my details to the other person who apparently is intending to claim for damage to her car from me. I would like to know if is my fault (through my son's mishap) because he says the car was too close to the other car. Personally I think it should be the driver's responsibility-does anyone know whose blame it is?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #2

    Jan 15, 2010, 04:49 PM

    It was her car that did the damage but it was your son who did it. Technically it's HER accident and not yours.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #3

    Jan 15, 2010, 07:05 PM

    The owner of the other can can sue either of you or both of you.

    You are legally responsible for actions of your children
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Jan 15, 2010, 08:14 PM
    Quote Originally Posted by Fr_Chuck View Post
    The owner of the other can can sue either of you or both of you.

    You are legally responsible for actions of your children
    It's not that clear-cut. In many states only for wilful or malicious acts of the child. Look at this for more details.

    The driver of the car (your friend) should notify her insurance company, and let them determine whether they figure she is liable. In any case they will take care of it, either by paying to fix the damage, or telling the owner of the other car that their insured isn't liable. If, then, the other driver sues her, the insurance company will hire an attorney to defend her.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 16, 2010, 10:05 AM

    I have no idea what the dollar amount of any of this is. I investigate accidents; I say that the owner of the vehicle with the opening door is responsible - it doesn't matter how close together the cars are parked, a person still can't open the door into another vehicle. I've climbed across a console to get into the driver's seat when somebody parked too close to my car to open my door.

    That's my legal answer. My moral answer is that if my child opens anyone's door into someone else's car, I pay for the damage. It's a lesson to children about being responsible.
    Jenzie's Avatar
    Jenzie Posts: 1, Reputation: 1
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    #6

    Mar 11, 2012, 06:48 AM
    A neighbour was parked sitting in his car, my daughter was coming up the road and he opened his driving side door into the path of my daughter's car, pushing the wing and door in of her car, he did not look before opening his door, he will not admit it is his fault, this has been going on since July last year, what could happen here?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Mar 11, 2012, 07:20 AM
    Quote Originally Posted by Jenzie View Post
    ... pushing the wing and door in of her car...
    What's a "wing"?

    Quote Originally Posted by Jenzie View Post
    ... this has been going on since July last year, what could happen here?
    You haven't filed a claim with his insurance company? If you had, they would have paid to fix your daughter's car; he was clearly at fault. What is he claiming as an excuse?

    It may be too late to file an insuance claim now.
    ebaines's Avatar
    ebaines Posts: 12,132, Reputation: 1307
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    #8

    Mar 13, 2012, 10:53 AM
    Quote Originally Posted by AK lawyer View Post
    You haven't filed a claim with his insurance company? If you had, they would have paid to fix your daughter's car; he was clearly at fault.
    Agreed - when opening a car door into a traffic lane you are required to look to make sure there is no oncoming traffic. So it's his fault, unless your daughter was not traveling in a proper traffic lane (i.e. she swerved into his car). I suggest you notify your own insurance company - let them go after him and his insurance on your behalf. If properly handled your car should be fixed at no cost to you.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Mar 13, 2012, 11:03 AM
    Quote Originally Posted by Jenzie View Post
    A neighbour was parked sitting in his car, my daughter was coming up the road and he opened his driving side door into the path of my daughter's car, pushing the wing and door in of her car, he did not look before opening his door, he will not admit it is his fault, this has been going on since July last year, what could happen here?

    I would like more info - if he opened his door into passing traffic it would have done a LOT of damage to his door, including folding it backwards.

    I've investigated a number of these. Never once did the person who was driving have no responsibility. Insurance companies like to hang their defense on the "car under complete control at all times" thinking.

    Again, I'd like to know more. The obvious answer, of course, is to report it to the insurance company, although it now may be too late.

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