Got in a Fender Bender Today. Who was at Fault?

[BNA/LION]

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?

[Danny83]

They are

[RHIII]

Ouch my friend.

I would say you would not be at fault in this case.


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[RW16610]

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.

[BNA/LION]

Originally Posted by RW16610

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.

She was moving pretty quickly driving into the spot. To fast to stop right away. I said to her, you really came flying up. She said, It's not my fault. Exchanged Insurance information and she said, we will let the insurance companies sort it out.

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.

[RW16610]

Originally Posted by BNALION

She was moving pretty quickly driving into the spot. To fast to stop right away. I said to her, you really came flying up. She said, It's not my fault. Exchanged Insurance information and she said, we will let the insurance companies sort it out.

I called my insurance and they said since my car was not damage to wait and see if they file an accident report.

Wow, again it's good you were still in the car at that time... Any chance of the plaza using their surveillance footage? Maybe that'll be the next step the insurance or whom ever takes to prove your case?

[BNA/LION]

Originally Posted by RW16610

Wow, again it's good you were still in the car at that time... Any chance of the plaza using their surveillance footage? Maybe that'll be the next step the insurance or whom ever takes to prove your case?

Good Point as I was stationary and she was speeding.

[RW16610]

Originally Posted by BNALION

Good Point as I was stationary and she was speeding.

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.

[Andad]

You opened your car door without due care and hit the other car.

Looks like this is down to you.

[Laszlo]

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.

[Letsgodiving]

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 %.

[nick c]

Looks like this lady was speeding like crazy.

[cop414]

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.

[nick c]

Originally Posted by directioneng

Yes, she was speeding like crazy but stopped in less than 3 feet?

I await the outcome with interest.

She almost hit the vehicle in front of her

[locutus49]

Yeah, I guess it is state by state. Ask any CA police officer and he or she will tell you the local laws.

Originally Posted by cop414

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.

[donas]

Originally Posted by cop414

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.

This is the same as S.C.; you would be at fault here....even if they were speeding.

[brandrea]

Originally Posted by cop414

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.

I was hoping you’d chime in

This to me sounds reasonable and should be the law from state to state.

Glad no one was hurt

[Abdullah71601]

Originally Posted by directioneng

You opened your car door without due care and hit the other car.

Looks like this is down to you.

Originally Posted by directioneng

Yes, she was speeding like crazy but stopped in less than 3 feet?

I await the outcome with interest.

Originally Posted by cop414

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.

x3

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.

[HL65]

Originally Posted by abdullah71601

x3

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.

x4

[Dyim]

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.....

[CRM114]

Originally Posted by nick c

Looks like this lady was speeding like crazy.

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.

[greggsiam]

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.

[CDNWatchNut]

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.

[Andad]

Yes, she was speeding like crazy but stopped in less than 3 feet?

I await the outcome with interest.

[Andad]

Almost is not good enough.

Must try harder.

BMW drivers.

[Ruud Van Driver]

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

[Jocke]

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.

[yhzdude]

isn t it 50 /50 in a parking lot?

[waQstar]

Originally Posted by yhzdude

isn t it 50 /50 in a parking lot?

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.

[cornerstore]

Originally Posted by yhzdude

isn t it 50 /50 in a parking lot?

It is in British Columbia. Also in BC opening a car door without due care and attention is a points infraction offence.