Am I at fault if when I'm pulling into a parking space the car next to me opens it's door and I hit it?

Question

It hit the side of my car ,not the front. Can't get anyone on phone from either insurance and now the other company is saying I'm at fault and wants me to pay $1500 or suspend my license. What should I do?

Ronald A. Steinberg · Answer

Report it to YOUR insurance company and let the professionals deal with it.

Josh Lamborn · Answer

Take a look at ORS 811.490 Improper opening or leaving open of vehicle door.

Dennis P. Mikko · Answer

Michigan is a no-fault insurance state so damages to the other car would be paid by that car's insurance company.  

There is a mini-tort provision where a person can recover up to $500 from the person at fault.  In your case, there was no way of knowing that the other person would open their door.  

Since it hit the side of your car, they should have noticed your car and waited before opening the door.  It does not sound like you are totally at fault.

Gary Platt · Answer

Under California law, if a vehicle driver or passenger opens a door  and  causes a collision with another vehicle, the one who opens the door is  deemed  to be at fault.  

Factually, if the door hit the side (as opposed to  the  front) of your vehicle, the facts imply the person who opened the door  SHOULD  HAVE seen your vehicle in time to avoid the accident.  

Thus, you  should  not have to pay damages to the other driver.  If you have insurance,  you must  report this incident to your insurer immediately so they can  investigate  the accident and deal with the other driver and his insurer  (assuming he has  insurance).  You should also consult an attorney about  this matter.

Jared Altman · Answer

Or suspend your license?!  That doesn't make any sense to me unless they already have a judgment against you. You are not necessarily at fault at all.

Larry Klein · Answer

Since you have insurance on your car, you should let your insurance company handle this matter.  That is what you have insurance for.   If you can not contact your insurance company directly, I would recommend you contact your insurance agent who sold you your insurance and describe the accident to them, and let them deal with getting in touch with your insurance company.  This is a matter that should be worked out between the two insurance companies.  If you have any further questions you can always contact an attorney to discuss this matter.  Although I have not heard the other person's description of this accident. from your description of it, it sounds to me like the other driver is at fault or mostly at fault but again I only have one side of the story.

Thomas Patton · Answer

Notify your insurance company. They will hire an attorney to defend you if they file suit. If you do not have insurance, you will have to defend yourself or hire an attorney if they file suit. Meanwhile, continue to deny fault. It was the other guy who hit you with his door - what could you have done to avoid the accident? Honk your horn to warn of your approach.

Ronald Lowry · Answer

If you have liability insurance that should pay for any exposure you have, if any. Report this to your carrier in writing ASAP. Also, the description you gave about how it happened is not very detailed but it at least superficially sounds like it may very well be the fault of the other party in which case the other party's liability insurance should pay to fix your car.

Joseph John Ganz · Answer

In my opinion,you are not at fault. The opened door hit you on the side of your vehicle and was caused by the inattention of the person exiting their vehicle. You were unable to avoid being hit.

Paul Whitfield · Answer

You both may be partly at fault but whatever that may be if the carrier is threatening you with your license (DMV can take license for not paying a judgment) report this to your insurance co and let them deal with it. if you don't have insurance see a lawyer about the threat.

C. Hopkins · Answer

If you have insurance, immediately turn this claim over to them via a letter in US mail, as well as fax and email to your insurance company. Do not rely on a phone call, as that is a waste of time with large corporations. I would also tell your insurance company that the other insurance company is threatening to contact the DMV to try and have the DMV suspend your license, which I believe is not permissible conduct for an insurance company. Ask your insurance company to request that the Department of Insurance discipline the other insurance company for such unprofessional conduct.

Paul Samakow · Answer

Not your fault, they cannot suspend your license.  Make them sue you if they believe that you are at fault.  I predict   they won't do that, and if they do, you will win.  Your insurance   company will provide an attorney for you if you are sued.

Steven Urban · Answer

It sounds like a question that needs to be answered by a finder of fact,  which usually means a jury.  In any event, the other driver's insurance company usually would not  have any right to suspend your license.  In all likelihood, they have  already contacted your insurance company and your insurance company  probably denied coverage.  Write your insurance company a letter to put  them on proper notice of what is going on so that they defend you as is  likely required by your insurance policy.

Linh Nguyen · Answer

From your description, it sounds like the other vehicle is at fault.  People exiting vehicles must make sure it is safe before opening their doors.  I don't see how your license could be suspended in this situation.  I believe you have a valid claim against the other car's insurance.  You can get a lawyer to help you file a claim or try to find out how to file a written claim with the other driver?s insurance company.

Timothy Klisz · Answer

Even if you are at fault and have insurance, the max is $500 for  collisions and otherwise if the car was parked, it is covered under  property damage under your insurance.  Sounds odd to me.

James Kelaher · Answer

Call your own insurance company and ask for the adjuster, and if they won't take your call, ask for that adjuster's manager

Jeffrey Tuttle · Answer

Call your insurance company and they will defend you against any claim being asserted against you. They are obligated to do so via your insurance contract.

Phong Thanh Tran · Answer

If both sides deny liability, you may need to file a small claims lawsuit to legally determine who is at fault.  Your insurance company should take care of that for you.

Ernest Lee · Answer

Friend:                  You should hire an attorney. If it happened as you say you may be able to get them to pay you. The question of who's at fault depends on the facts. If you were parking and they opened the door on you it sounds like they were not sufficiently careful. Thereby they may be at fault.

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Am I at fault if when I'm pulling into a parking space the car next to me opens it's door and I hit it?

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