ROLEXROLEXROLEXROLEXROLEXROLEXROLEXROLEXROLEXROLEXROLEXROLEX
|
6 January 2018, 01:43 PM | #1 |
2024 SubLV41 Pledge Member
Join Date: May 2011
Real Name: Larry
Location: San Diego, CA
Watch: ROLEX
Posts: 25,661
|
Got in a Fender Bender Today. Who was at Fault?
So I'm parked in my car and open the door to get out and all of the sudden a car come quickly into the spot next to me as I was opening my door.
My door hits the other cars door, takes a little paint off my door onto the other door and dented it a little. (see pictures) I few seconds sooner and my door would have been ripped off! Q: Am I at Fault for this accident?
__________________
✦ 28238 President DD 18K/YG ✦ 16610LN SS Sub ✦ 16613 18K/SS Serti ✦ 16550 Exp II Non-Rail Cream Dial ✦ Daytona C 116500 ✦ 126710 BLRO GMT-Master II ✦ NEXT-->? ⛳ Hole In One! 10/3/19 DMCC 5th hole, par 3, 168 yards w/ 4-Iron. |
6 January 2018, 01:44 PM | #2 |
2024 ROLEX DATEJUST41 Pledge Member
Join Date: Sep 2013
Real Name: Danny
Location: Bay Area CA
Watch: Yellow Gold
Posts: 20,314
|
They are
|
6 January 2018, 01:47 PM | #3 |
Member
Join Date: Jul 2014
Real Name: Roger
Location: ...
Watch: AP/Rolex/PP
Posts: 6,309
|
Got in a Fender Bender Today. Who was at Fault?
Ouch my friend.
I would say you would not be at fault in this case. Sent from my iPhone using Tapatalk |
6 January 2018, 01:48 PM | #4 |
2024 SubLV41 Pledge Member
Join Date: Apr 2008
Real Name: Rommel
Location: Toronto Canada
Watch: 116710LN
Posts: 9,203
|
Larry, I'm very sorry to hear this! Thankfully the car can be easily fixed and most importantly you're ok. That could've been much worse. How "quickly" was she / he pulling into the spot? I mean, anytime I'm in a parking lot or parking I do things with caution and at a speed where I'll be able to stop once I'm paying attention.
|
6 January 2018, 01:52 PM | #5 | |
2024 SubLV41 Pledge Member
Join Date: May 2011
Real Name: Larry
Location: San Diego, CA
Watch: ROLEX
Posts: 25,661
|
Quote:
I called my insurance and they said since my car was not damage to wait and see if they file an accident report. I asked the insurance rep and they have seen this go both ways. They said if she files I can fight it or to try to split it with her.
__________________
✦ 28238 President DD 18K/YG ✦ 16610LN SS Sub ✦ 16613 18K/SS Serti ✦ 16550 Exp II Non-Rail Cream Dial ✦ Daytona C 116500 ✦ 126710 BLRO GMT-Master II ✦ NEXT-->? ⛳ Hole In One! 10/3/19 DMCC 5th hole, par 3, 168 yards w/ 4-Iron. |
|
6 January 2018, 01:54 PM | #6 | |
2024 SubLV41 Pledge Member
Join Date: Apr 2008
Real Name: Rommel
Location: Toronto Canada
Watch: 116710LN
Posts: 9,203
|
Quote:
|
|
6 January 2018, 01:56 PM | #7 |
2024 SubLV41 Pledge Member
Join Date: May 2011
Real Name: Larry
Location: San Diego, CA
Watch: ROLEX
Posts: 25,661
|
Good Point as I was stationary and she was speeding.
__________________
✦ 28238 President DD 18K/YG ✦ 16610LN SS Sub ✦ 16613 18K/SS Serti ✦ 16550 Exp II Non-Rail Cream Dial ✦ Daytona C 116500 ✦ 126710 BLRO GMT-Master II ✦ NEXT-->? ⛳ Hole In One! 10/3/19 DMCC 5th hole, par 3, 168 yards w/ 4-Iron. |
6 January 2018, 01:59 PM | #8 |
2024 SubLV41 Pledge Member
Join Date: Apr 2008
Real Name: Rommel
Location: Toronto Canada
Watch: 116710LN
Posts: 9,203
|
Indeed! I see it all the time in plaza / mall parking lots. People rushing around, driving like crazy even though they're aware (or should be) of the potential for something similar to this happening. Once they're able to get the footage it should sort everything out.
|
6 January 2018, 01:53 PM | #9 |
2024 SubLV41 Pledge Member
Join Date: Nov 2006
Real Name: Eddie
Location: Australia
Watch: A few.
Posts: 37,534
|
You opened your car door without due care and hit the other car.
Looks like this is down to you.
__________________
E |
6 January 2018, 01:57 PM | #10 |
2024 SubLV41 Pledge Member
Join Date: Nov 2007
Location: San Francisco, CA
Watch: Date & No Date
Posts: 10,868
|
That sucks. At least no one was hurt. I'm not a lawyer but I'd say since you were stationery and parked while disembarking she's at fault.
__________________
"You might as well question why we breathe. If we stop breathing, we'll die. If we stop fighting our enemies, the world will die." Paul Henreid as Victor Laszlo in Casablanca |
6 January 2018, 02:01 PM | #11 |
"TRF" Member
Join Date: Jul 2007
Real Name: Mike
Location: Virginia, US
Watch: SD 16600
Posts: 4,319
|
If I remember correctly California is a comparative negligence state. Several factors involved in an incident like this but it's likely you will be deemed a high percentage at fault and will be responsible for that %.
__________________
The fool, with all his other faults, has this also - he is always getting ready to live. - Epicurus (341–270 BC) |
6 January 2018, 02:06 PM | #12 |
Banned
Join Date: Feb 2012
Location: Canada
Posts: 26,846
|
Looks like this lady was speeding like crazy.
|
6 January 2018, 02:12 PM | #13 |
TRF Moderator & 2024 SubLV41 Patron
Join Date: Apr 2012
Real Name: Tim
Location: Pennsylvania
Watch: 14060M
Posts: 72,261
|
Larry, here in PA unless you were able to prove that the other driver was in fact speeding you would be at fault. Section below from PA vehicle code. Your states laws might be different. Happy to hear that no one was hurt.
No person shall open any door on a motor vehicle 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.
__________________
Rolex Submariner 14060M Omega Seamaster 2254.50 DOXA Professional 1200T Card carrying member of TRF's Global Association of Retro-Grouch-Curmudgeons TRF's "After Dark" Bar & NightClub Patron P Club Member #17 2 FA ENABLED
|
6 January 2018, 02:28 PM | #14 |
Banned
Join Date: Feb 2012
Location: Canada
Posts: 26,846
|
|
6 January 2018, 02:33 PM | #15 | |
Banned
Join Date: May 2014
Real Name: John
Location: La Jolla, CA
Watch: Platona
Posts: 12,194
|
Yeah, I guess it is state by state. Ask any CA police officer and he or she will tell you the local laws.
Quote:
|
|
6 January 2018, 02:55 PM | #16 | |
Banned
Join Date: Jul 2008
Real Name: Wade
Location: TN
Watch: 116619
Posts: 2,659
|
Quote:
|
|
6 January 2018, 10:25 PM | #17 | |
2024 SubLV41 Pledge Member
Join Date: Jul 2013
Real Name: Brian (TBone)
Location: canada
Watch: es make me smile
Posts: 78,135
|
Quote:
This to me sounds reasonable and should be the law from state to state. Glad no one was hurt |
|
6 January 2018, 11:57 PM | #18 | |||
Banned
Join Date: Aug 2014
Location: Calumet Harbor
Watch: ing da Bears
Posts: 13,568
|
Quote:
Quote:
Quote:
Sorry Larry, you are at fault. If the impact was in the front of her car, you might have an argument that she surprised you. But since half her car was in your side window field of view at the time of impact, it appears you did not look out the window or exercise any due care whatsoever. No one will buy the speeder argument since she is stopped in the space. She could not have been going fast enough to get half her car past you and still stop if she was going fast. |
|||
7 January 2018, 09:07 PM | #19 | |
TRF Moderator & 2024 SubLV41 Patron
Join Date: Dec 2007
Real Name: Ken
Location: SW Florida
Watch: One on my wrist.
Posts: 64,009
|
Quote:
__________________
SPEM SUCCESSUS ALIT |
|
8 January 2018, 04:24 AM | #20 |
"TRF" Member
Join Date: Oct 2014
Location: Canada
Posts: 2,237
|
But you have your door opened for a few minutes while looking for you phone, right?
The other driver drove in knowing the door is already open..... |
6 January 2018, 03:30 PM | #21 |
"TRF" Member
Join Date: Sep 2015
Location: HK & USA
Watch: GMTs,1803, 16610LV
Posts: 2,001
|
She was a maniac!!!
Actually, if you look at the way the dividing line in front of the cars angles (note how far forward the truck to the left is parked) it looks like she didn't park long at all, and who knows, the sound of crunching/scraping the side of her car might have been startling and caused being a bit late on the brake since she'd be looking forward so as not to hit the front of the car ahead. That said, parking lot speeders are idiots and I hate them. One of the most dangerous places to be afoot is in a parking lot serving an area with grocery/clothes/pet stores in the afternoon about an hour before school buses arrive home or day cares close. Some people lose their minds racing the clock trying to get those last errands in before they have to be somewhere. |
6 January 2018, 04:18 PM | #22 |
"TRF" Member
Join Date: Dec 2014
Real Name: Gregg
Location: Bangkok
Posts: 694
|
I doubt they will spend time analyzing it so much and just declare it mutual fault.
You were parked, so you have that going for you. I find it hard to see how someone could speed into a parking spot without crashing into the car in front. I would think the scratch would be on the front fender, not the rear of the door. Anyway, it will go as 50/50 I think. |
6 January 2018, 02:08 PM | #23 |
"TRF" Member
Join Date: Apr 2010
Real Name: Juan
Location: Sherwood Park, Ab
Watch: 114060
Posts: 1,509
|
From the position and front wheel orientation of the grey car and the size of the scrape it looks like they made a right hand turn into the spot and the door of the white car was opened into it. If thats the case, it would have been difficult for the driver of the grey car to see the door about to be opened. Being objective, I would say the white car driver is responsible as the other car is reasonably far away and within their parking spot.
|
6 January 2018, 02:10 PM | #24 |
2024 SubLV41 Pledge Member
Join Date: Nov 2006
Real Name: Eddie
Location: Australia
Watch: A few.
Posts: 37,534
|
Yes, she was speeding like crazy but stopped in less than 3 feet?
I await the outcome with interest.
__________________
E |
6 January 2018, 02:34 PM | #25 |
2024 SubLV41 Pledge Member
Join Date: Nov 2006
Real Name: Eddie
Location: Australia
Watch: A few.
Posts: 37,534
|
Almost is not good enough.
Must try harder. BMW drivers.
__________________
E |
6 January 2018, 02:38 PM | #26 |
"TRF" Member
Join Date: Oct 2014
Real Name: Chopped Liver
Location: S. Wales Valleys
Watch: Mickey Mouse
Posts: 9,926
|
Sounds to me like a 50/50. You should have checked over your shoulder before opening the door and she should have come in at a speed slightly less than Mach 3.
My guess, and that's all it is, just a guess, is that the insurers will take a look at this and let the losses lie where they fall. In other words, you fix your car and she fixes hers. Glad you (or anyone else) weren't hurt, Larry
__________________
116520 Black, 116610 LVc, 116660 D-Blue, 116610 LNc, 116622 Blue, PAM359, PAM689, PAM737 "Why should you allow an AD to shake you down, just so you can buy a watch" - Grady Philpott Card carrying member of TRF's Global Association of Retro-Grouch-Curmudgeons
|
6 January 2018, 02:41 PM | #27 |
2024 SubLV41 Pledge Member
Join Date: Apr 2006
Real Name: Jocke
Location: Sweden
Watch: A dozen of Rolex's
Posts: 22,541
|
I guess here in Sweden it will be 50/50 because it's hard to proof whats happen.
But we normal drive Volvo's so no one cares. Good luck my friend.
__________________
This message is written in perfect swenglish. What is best a custom Rolex or a Rolex that is stuck in custom? Buy a professional camera and you´re a professional photographer, buy a flute and you own a flute. |
6 January 2018, 02:39 PM | #28 |
2024 SubLV41 Pledge Member
Join Date: Aug 2017
Location: Nat E FL370 0.82
Posts: 715
|
isn t it 50 /50 in a parking lot?
|
6 January 2018, 03:04 PM | #29 |
"TRF" Member
Join Date: Jun 2012
Real Name: Walter A.
Location: Sunny California
Watch: 16760
Posts: 2,629
|
This..
Larry this will be a 50/50.. Unfortunately since this will be a very small claim, neither insurance company is going to really fight it and settle it 50/50... In non-insurance world.. Her fault 100% based on your statement.
__________________
Our shadows taller than our soul........ |
6 January 2018, 05:28 PM | #30 |
"TRF" Member
Join Date: Sep 2009
Location: Canada
Posts: 4,010
|
|
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | |
Thread Tools | |
Display Modes | |
|
|
*Banners
Of The Month*
This space is provided to horological resources.