Whose fault is it?

[Tx1Lt]

Need to vent here,

I had just parked in front of a gas station. I open my door, and some lady comes in to the space next to me and clips and drags open my door in her ford expedition! It sounded like when you run over a big-gulp-cup lid. But louder. Anyway, I was suprised that the only thing that happend to my door was the paint chipping a bit. No bends or dents. Her fender on the other hand was pretty bad. It was her right front fender right above the tire. Getting to the point the police officer showed up and I thought for sure she would get a ticket for wreckless driving or something. But no she wasn't cited! WTF! She came in like a bat outta hell and its not her fault? The cop looked really confused and said that our insurances would fight it out trying to blame one of us. As far as I see it, I was parked and half way outta my car, when she came in and hit my door. Who's to blame here? I told the officer, "Dude I was getting out of my car, through the door, isn't that how we all do it? Should I have crawled out the window? Come on!" He laughed and said he was real sorry but he really couldn't decide who was at fault.

So I'm asking you guys, who fault is it?

[Sterling]

The insurance company's will probably share liability... they'll say you should have looked before opening your door, and she shouldn't have pulled in so fast. Very rarely will they assign 100% liability to one driver anyway. About the only time that happens is when you are rear-ended.

[Nachos!!]

My dad manages a body shop so he talks to insurance companies daily. He said if its in a parking lot, 99.9% of the time your insurance pays for you, and their insurance pays for theirs. my sisters car got hit so hard once it moved it over into the parking spot next to it, but it somehow wasnt the other guys fault because it was in a parking lot.

[Tx1Lt]

That's what I figured. But my door was already open when she came in. I guess there's no way to prove that. I just hope I don't get screwed over with a higher rate.

[R1CH]

Sounds like That's her fault. You where already parked and in the process of getting out of your car. SHE ran into your door... your door didn't run into her.

[R1CH]

Originally Posted by Tx1Lt

That's what I figured. But my door was already open when she came in. I guess there's no way to prove that. I just hope I don't get screwed over with a higher rate.

Unless you have accident forgiveness, you're rate will more than likely go up some.

[mulehead7]

Sorry about your accident but if it happens on private property (not a public street or thoroughfare) and its not outright vandalism, the police won't usually cite either party. The police will tell you to have your insurance deal with it. Be glad you weren't between your door and the Expedition. Of course personal injury is whole different thing. She would have been responsible for your medical bills. Or burial expense!

[Tx1Lt]

Originally Posted by R1CH

Sounds like That's her fault. You where already parked and in the process of getting out of your car. SHE ran into your door... you door didn't run into her.

That's what I thought! I'll post pics of my door in awhile. It looks like nothing happened, but the paint is gone.

[shroomjohn]

Yep private area such as a parking lot= you each pay your own no matter how at fault the other person was which is ridiculous sorry to hear man

[Lauryn200]

Originally Posted by Tx1Lt

Should I have crawled out the window? Come on!" He laughed and said he was real sorry but he really couldn't decide who was at fault.

So I'm asking you guys, who fault is it?

If you were driving General Lee

Sounds like she was at fault

But have you ever noticed how many drivers side mirrors are torn off/ducked taped.People like to share paint.....drving way too close.

[Rayner]

Originally Posted by R1CH

Sounds like That's her fault. You where already parked and in the process of getting out of your car. SHE ran into your door... your door didn't run into her.

Yeah, one might ask what would have happened had she hit HIM and not the car. The rule is pedestrians have the right of way in parking lots. Seems to me in this case, she was about a second or two off from hitting him and not the car.

[R1CH]

Originally Posted by Tx1Lt

That's what I thought! I'll post pics of my door in awhile. It looks like nothing happened, but the paint is gone.

like NACHOS said, more than likely each party's insurance will pay for their repairs. If it's small damage, I would possibly consider having it fixed out of your pocket... that way your rates wont go up.

[OBX Bumblebee]

You would probably have to pay your collision deductible if you file a claim, I'd get an estimate first then see if it's worth it.

$500 collision deductible / $625.00 damage = not worth filing a claim

I save my claims for the big ticket items. lol

Sorry about the car. That sucks.

[Ruffian118]

Originally Posted by mulehead7

Sorry about your accident but if it happens on private property (not a public street or thoroughfare) and its not outright vandalism, the police won't usually cite either party. The police will tell you to have your insurance deal with it. Be glad you weren't between your door and the Expedition. Of course personal injury is whole different thing. She would have been responsible for your medical bills. Or burial expense!

Absolutely true - my husband is a police officer. He says he's surprised the police even showed up to investigate an accident in a private parking lot. Of course, every state is different.

If she had hit my new Camaro though, they would have arrested me - for dragging her sorry a** out of her SUV and smacking the sh** out of her .