Whose fault is it?

[NXC1978]

Originally Posted by MrIcky

The first thing that would likely be looked at is the actual point of impact to the explorer or whatever it was. If the damage was to the side of the car- then the door was opened into it. If the damage started at the front edge, then the car drove into the door.

I agree with this statement 100%, it seems like the physical evidence would tell you who's fault it is.

[Angrybird 12]

Originally Posted by NXC1978

I agree with this statement 100%, it seems like the physical evidence would tell you who's fault it is.

it depends on how she was swinging into the space, it is possible the front of the car could have missed the door then as the car arced into the space the fender caught it...

[NXC1978]

Originally Posted by Skyman 08

it depends on how she was swinging into the space, it is possible the front of the car could have missed the door then as the car arced into the space the fender caught it...

Can't deny that either, lol!

[Angrybird 12]

Originally Posted by MrIcky

I would agree that it's wise that the driver uses extra caution, however it would appear that the local rules would still put the person opening a door to have the greater duty of care.

But the person that is opening the door cannot SEE at all a person that has yet to turn into the space, not until the car is actually entering the danger area could the person exiting the car even begin to react, and based on the description this persn was entering the space rather quickly thus he had barely enough time the get his leg back in much less close the door...
It is and always will be the person that is pulling in to the space than the person getting out, Logic should tell you that. Now if you are parallel parked on the side of the roadway it is much easier looking in the rearview mirror to see a car approaching in the street.. that is what these laws are talking about not your average parking spaces that are side by side..

[MrIcky]

That's part of the problem Skyman- the OP actually can't have an idea how fast she was coming into the spot per his description because he didn't see her. *edit* He says she came in like a bat out of hell, but really- he can't know that from the rest of his description. And if she was pulling in to park, it's unlikely she was going all that fast- he was just surprised. And he opened the door into her vehicle above the wheelwell which indicates she was significantly into the spot when this happened and most importantly- past the point where she could have stopped for him to open the door.

I understand there is a desire to help a Camaro brother out, but completely objectively here- I'm kind of thinking OP just wasn't paying attention.

I guess it would be more helpful if the OP drew the map, but if this goes to intercompany arbitration (where the insurance companies go to resolve this stuff), I would bet you a 6 pack of Guiness that they will look at the point of impact of the door as the determining factor. However by default the law says 'interfere with moving traffic' and the other person was moving traffic. Which may sound overly-simplistic and I grant it was on private property- but that will be a large factor if the other parties adjuster is good at arguing things.

I ain't saying you're wrong on how you should drive, I'm just telling you my opinion on where I'd place my bets if the insurance companies fight it out.

*edit* as I thought about this, let me put it another way. What if the other person involved started a post title "who's fault is it" and said as they were pulling into a spot, a guy threw his door open into their fender. I guarantee you the responses would be flipped because a lot of the responses here were sort of gut level love your camaro 5 friends without getting better information first.

[4thGen]

Keep in mind that drivers are not required, nor advised to admit fault when they get into a car accident. You can trade information with the other driver, like name, address, telephone number, license number, and plate number, but any discussion passed that should be with the police and insurance company.

[Angrybird 12]

Originally Posted by MrIcky

*edit* as I thought about this, let me put it another way. What if the other person involved started a post title "who's fault is it" and said as they were pulling into a spot, a guy threw his door open into their fender. I guarantee you the responses would be flipped because a lot of the responses here were sort of gut level love your camaro 5 friends without getting better information first.

I would say that is works this way, if the door is open BEFORE the second car starts entering the space it's the car that is entering the space's fault, If the door does not start opening until after the second car is already entering the space then it is the car that is opening the door's fault..

To me that is the only logical answer.

but then again if there were no witnesses, it's a "He Said, She Said", situation and probably each will have to pay for their own car...