Whose fault is it?

[NXC1978]

I'm interested to know what the outcome will be on this. If they say it's both your fault I imagine her insureance will take care of her and your insurance will take care of you (that is, if you decide to file a claim).

[Angrybird 12]

Originally Posted by Diabel1969

I hate to go against the majority here, but technically, i'd say your equally at fault, or your more at fault. I can only go by my own experience here, but I was driving down the street, guy parks his honda on the right shoulder a few cars ahead of me, and swings open his door right in front of me, putting his left foot on the ground. Now, my choices were to

A: veer into the oncoming lane and hit the car coming at me head on, now even though i'm driving my truck with my snowplow on it, this would put me totally at fault.

B: lock up my brakes and have the car behind me rear end me, and still hitting this guys door.

C: rip the guys door clear off his car, for he's the dumb a$$ for opening it up without turning his head to see if the coast was clear to do so, then gradually slow down without causing any other accidents, or risks to bystanders, or cars oncoming or behind me.

I chose option C. didn't even ding my plow, but totaled his honda.

now, I wasn't there, didn't see how it happened, but you are in control of yourself and the door you opened up. Did you look before you opened it? did you see her coming? Sorry if I'm coming off as the bad guy, but there are 3 sides to every story..

the difference here was you were driving on the street, he was in a private parking lot and he was in a parking space and she was pulling in a parking space.. There is a BIG difference in these two situations.

[NXC1978]

Originally Posted by Skyman 08

the difference here was you were driving on the street, he was in a private parking lot and he was in a parking space and she was pulling in a parking space.. There is a BIG difference in these two situations.

+1

[BRKLYN]

PERSON IN THE MOVING VEHICLE HAS TOO HAVE CONTROL OF THE VEHICLE. PO PO 101.

[CamaroSkooter]

My understanding is, if you're on "private property" then a police officer cannot cite fault in a collision. It sucks, but it's really out of their hands.

If you want to bother with court, then by all means, take the above advice. The problem there is, though, unless there's video evidence, there's really not much "proof" that she was at fault.

I totally agree that she should be held liable, but without solid evidence, you'd just be wasting your time and money with court costs

I hope you get it fixed back to new, though. That kind of situation really sucks. :(

[Tx1Lt]

I understand when I hear, "You should have looked before you opened the door." But it happened so fast and she came from behind my car that only reacted after she almost took my door off. It's hard to explain, even I feel like I should have looked, but there was no time, you know what I mean? My door was open as she came in. Shit I give up. We'll see what the insurance decides. I'll keep you all posted.

[Sterling]

[DevilKnightFalcon]

Parking lots are technically private property so police (here in AZ anyway) won't assign blame for an accident.

[MrIcky]

Well here's the applicable Idaho Code, although I'm not sure it would apply to a gas station parking lot. I know this code is pretty much verbatim what my surrounding states have on record as well.

49-607.Opening and closing vehicle doors. No person shall open the door of a motor vehicle on a side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

So excepting the fact that the gas station is private property- it looks like this was all on you OP (assuming your laws are similar).

*edit* How do you know she was going too fast btw? And what was your frame of reference for speed? I understand only her fender was damaged so she didn't go more than a couple feet after impact, correct?

[MrIcky]

I got curious and looked up Texas code (assumed that's where you were from your info OP)

Sec. 545.418. OPENING VEHICLE DOORS. A person may not:

(1) open the door of a motor vehicle on the side available to moving traffic, unless the door may be opened in reasonable safety without interfering with the movement of other traffic; or

(2) leave a door on the side of a vehicle next to moving traffic open for longer than is necessary to load or unload a passenger.

So pretty much the same- cannot open the door unless you're sure you aren't interfering with traffic.

[NXC1978]

I'd assume they mean traffic on a roadway not a parking lot.. just a thought.

[Angrybird 12]

Just wondered how many times I have started into a parking space and did not know until I had rounded the rear end of the car in the next space that the door was open or starting to open, Many MANY times. The driver of the approacking car has the responsibility to observe the parked car in the next space as he enters, if I see someone in the car before I park (on either side) I always assume they may not see me and open their door into me..Of course with heavily tinted windows of a lot of cars you cannot see if someone is in the car. It is My Responsibilty as the driver of the moving car when entering the parking space.

[MrIcky]

Originally Posted by NXC1978

I'd assume they mean traffic on a roadway not a parking lot.. just a thought.

I thought of that as well. Insurance companies typically default to a rules of the road position in the absence of specific rules for parking lots. 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.

Originally Posted by Skyman 08

Just wondered how many times I have started into a parking space and did not know until I had rounded the rear end of the car in the next space that the door was open or starting to open, Many MANY times. The driver of the approacking car has the responsibility to observe the parked car in the next space as he enters, if I see someone in the car before I park (on either side) I always assume they may not see me and open their door into me..Of course with heavily tinted windows of a lot of cars you cannot see if someone is in the car. It is My Responsibilty as the driver of the moving car when entering the parking space.

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.

[2001ragtop]

Stay far away from where 99.999 percent of people park to avoid this next time. stay one step ahead. it likely will be worse next time. if you are parking at a gas station, park at the pump and pretend you are getting gas even if you aren't. this at least reduces your chance of being hit or having anyone park beside you. keep away from "convenient" parking spots that everyone races to park at.