2.5i leggy wagon hit by minivan

First off no one was injured. My wife was parked in a lot nose first. When she opened her door a Nissian Quest pulled in along side her and stuffed the driver's door. Thank God she did'nt have her foot out yet or hand on the handle. No police would come because it happened on private property and no one was injured. I was'nt there but when I arrived the person driving the van, full of screaming children, said she did'nt see the door open because she was paying more attention to the car parked to her left as she pulled in. Insurance info was shared and I drove the car back to my garage holding the door closed. Now the van owners insurance is not claiming liabilty, saying my wife opened her door into the van. What do you guys think? My wife's fault or the other driver? My insurance is going to evaluate the situation while the car is being repaired.

 

Eff everyone in the insurance industry. Bunch of money grubbing weasles. They can suck my popsicle.

 

Let your insurance hash it out with the other driver's insurance. Good luck.

Your wife was stationary so she shouldn't be at fault. Send her to the police department right away and file a report. They will tell her it isn't necessary or required or advisable - insist. according to my lawyer "First one to the Police Department, wins." Be sure she writes down the other parties comments.

 

Your insurance company should go to bat for you as otherwise they pay.

 

This is a perfect example of why my a buddys (a defense attorney) boat is named "Remain Silent."

Most likey they will try to do joint liabilty and that means you each fix your own damage. If you dont want that then keep calling and asking for supervisors and then their boss untill you get to someone who would rather pay you then listen to you.

Let your insurance hash it out with the other driver's insurance. Good luck.

 

Ditto, thats what you're paying them for. I would think that the van would be at fault but I'm not an expert by any means.

Since when opening door into incoming traffic is innocent.

I do not know whole situation but it is not hard to imagine that both parties could be blamed.

You get to parking spot you stop, other car approaches and gets into place and first driver, whithout checking, opens door. Whose fault is this?

 

You get into place, you open door, get all your stuff and somebody slams into your open door. Whose fault is this?

 

End results are the same, similar but who is guilty could be different each time.

 

Krzys

It's 50/50, each driver will probably be liable for their own damage.

 

SInce it's a parking lot, or at least the way it works here (Alberta, Canada) is that any parking lot accident is 50/50 at fault I believe.

 

Since the maximum speed is like 10-20 km/h, it's reasonable that a vehicle will be able to stop in time and in that case, I'd have to say both drivers were wrong. Open door before checking, or hitting door while driving.

It seems to me that a car with the door open is parked.

 

It seems to me that a van that runs into an open door is not parked.

 

If it were a parallel parking situation where the door opens to a lane of moving traffic, then the parked car would have the responsibility.

 

If it is in a parking lot stall, then the person in motion is liable to stop and yeild to pedestrians, open doors, and other objects.

 

Opening a door into a known moving lane of traffic is the parked driver's fault. Running into a parked car in a parking lot is like rear-ending a stopped or parked car anywhere else... the moving driver's fault.

 

But, if there is an angle for the insurance companies to deny coverage, to save a buck, rest assured, they'll do it.

"she did'nt see the door open because she was paying more attention to the car parked to her left as she pulled in"

 

make sure that this statement is filed with the police report

Talk to your insurance company. They may go ahead and cover it and then pursue the other company for reimbursement. It shouldn't count as a claim on your end.

said she did'nt see the door open because she was paying more attention to the car parked to her left as she pulled in.

 

That says it all right there. She was being negligent of other surroundings. I would definitely add that in the police report. How can your wife be responsible for just opening her door? Like people said, she was stationary.

Thanks for the advise guys. At this point we are going to let the insurance companys handle it. Just glad no one was hurt. Now I hope the repair goes well.

Thaks again

 

Tom