QUESTION
Am I responsible for the damage in the car parked next to me?
Asked on Apr 09th, 2013 on Personal Injury - Oregon
More details to this question:
I am parked in a parking stall at a shopping mall both myself and the cars next to me are correctly parked in the stalls,(evenly between the lines) I open my car door partly , and within 3 seconds the wind blows my door open before I can grab it it hits the car parked next to me and dings the door. Am I at fault?
8 ANSWERS
Ronald A. Steinberg
Unfortunately, yes. Although you did nothing "wrong," it was your car, and it was your action of opening the car door.
Answered on Apr 11th, 2013 at 8:39 PM
Thomas Edward Gates
You are at fault. However, these types of "accidents" happen all the time and, generally, no one leaves their contact information.
Answered on Apr 10th, 2013 at 3:58 PM
James Eugene Hasser
It depends on whether you acted reasonably under the circumstances, which is a question of fact for a judge or jury to decide. Certainly the other side will argue you parked too close to their car. Again, it's a question of fact for a judge or jury. Report it to your insurance company and let them handle it from there.
Answered on Apr 10th, 2013 at 11:13 AM
Medical Malpractice Attorney serving San Diego, CA
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The Law Offices of Ajay Kwatra
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I am glad you were not hurt. In this situation, you may want to report the accident to your insurance company, who may cover your damages. From what you wrote, it seems as though an "act of god" caused the door to open, and the other driver has an argument that he/she took due care in driving the car, but still caused the damage. The insurance companies may not pursue the claims against each other, with both sides possibly agreeing to paying for heir own insured's damages, and avoiding a law suit.
Answered on Apr 10th, 2013 at 11:13 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, your car caused the damage.
Answered on Apr 10th, 2013 at 11:12 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Of course you are. pay the damage. it cant be much.
Answered on Apr 10th, 2013 at 9:11 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Ultimately, if there is a dispute as to who is at fault, a jury decides. A jury could decide that it was an act of God. A jury could decide that you should have held the door tighter, especially if you were aware it was a windy day. A jury might not believe you when you say the wind did it. If the wind did it as you say, under the circumstances, I would say you were not negligent and it is no different than the wind blowing a tree limb into our car. I'm sure the owner of the other car would disagree. Normally, I would say if they file a claim, let the adjuster handle it, but I assume it is less than the deductable. I do not know if the adjuster will make a decision on accepting or denying liability if it is below the deductible.
Answered on Apr 10th, 2013 at 9:08 AM
Personal Injury Attorney serving Portland, OR
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Kaplan Law, LLC
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Yes it is. I hope you left a note.
Answered on Apr 10th, 2013 at 9:06 AM