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

[MonBK]

Sorry Larry but I think you're at fault.

All the woman has to say is that she drove in slowly.

[bayerische]

The M's are always in the right. Trust me.

[swatty]

Sorry to hear this Larry, if this happened in Australia I think you would be at fault. If your door was over the line marker.

[SearChart]

Over here it would be your fault.

[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.

[Houstongator]

Trust me on this.

There is only one correct answer to any legal question — “It depends.”

When I was a law student and a young lawyer, I knew the answer to every legal question.

No longer.

[RichM]

She's pulling into a spot. You could argue, maybe fast, but you opened the door. Sorry, but I think you bare most of the liability. 80/20.

In fact, you would probably be in a better position if she took your door off. Then you could make the argument she should have seen the open door and been able to stop in time.

[GB-man]

I’m guessing they will split it. Very situational.

For the sake of argument I would say if your door was open before she entered the space then she is at fault. And if she had enterered the space before you began opening the door then you are at fault.

None of that will be relevant on such a small claim.

[DPE]

In the UK. If you drive into or go into the direction of the other cars space or direction of their travel. Then you are at fault.

[roadie1]

Something similar happened to me a few years ago. I was at a parking space and a car same too close and slammed into my door as I was about to get out. Thankfully I didn’t have my leg out yet! Anyway the police wrote me a ticket for “blocking traffic”. I can’t remember if my insurance or the other driver paid. I went to traffic court and it was dismissed.


Sent from my iPhone using Tapatalk

[GB-man]

Originally Posted by roadie1

Something similar happened to me a few years ago. I was at a parking space and a car same too close and slammed into my door as I was about to get out. Thankfully I didn’t have my leg out yet! Anyway the police wrote me a ticket for “blocking traffic”. I can’t remember if my insurance or the other driver paid. I went to traffic court and it was dismissed.


Sent from my iPhone using Tapatalk

what a prick

[Wahlberg]

If I compare the room next to your car and here in Europe you have a TON of space. Did you completely open the door?

[KrismanX]

I was really hoping this was going to be a guitar thread... Sorry for the parking lot blunder! I say pull the security recordings and hope for the best with your local laws. Luckily it didn't take off the door or hurt someone! Hoping for a positive resolution

[Grnvette65]

Story to hear, but my understanding is the one opening the door

[vincenzowl]

The fact that she was speeding means she was driving unsafely. It would probably come down to the laws of your state and if there were any witnesses..

[cm10005]

I agree with cop414. I'd put the blame on the person opening the car door. That's what I would write if I was preparing an accident report after responding to the scene

[Tri-Tip]

I know that in CA if you are parked at the curb and opened your door and a car coming by hit it, then you would be at fault.

Not sure what laws apply on private property.

[Etschell]

whoever opened the door second.

[Wesley Crusher]

Ouch. Sorry to hear about your car. Just let the insurance figure it out.

[Gharddog03]

22517 CVC. It’s on private property?? Be between both insurance companies. Only certain vehicle codes are applicable on private property.

[cop414]

Genaro, is this CA code? In Pa it’s considered a “traffic way” if it’s open to the public by right or custom, hence a citation can be issued. We generally didn’t do this but had the drivers insurance companies hash it out however if there was major injury, high value property damage or death we’d step in and do our thing.
If we’d have responded to every parking lot fender bender we couldn’t have done anything else.

[Gharddog03]

Yes sir California.
22107.6 / .7 / .8 CvC states more requirements have to be met. Of course city and counties can have their own codes.

Good thing no one was hurt. Just take good pics and obtain all the info you can and submit to your insurance company.

[s14roller]

Sorry to see but luckily the damage looks minimal. On a somewhat related topic, I ended up installing dash cams on all the vehicles in the household...not sure it would have done anything here, but in the event another car sideswipes/hits me, I did not want to get into a "he said she said" situation. Worth thinking about for anyone reading this thread.

[roaddog359]

Insurance will probably split the blame 50/50 and each pay for their own customers repairs. Both drivers bear some responsibility.

[Dr.Brian]

Originally Posted by Rich Mickol

She's pulling into a spot. You could argue, maybe fast, but you opened the door. Sorry, but I think you bare most of the liability. 80/20.

In fact, you would probably be in a better position if she took your door off. Then you could make the argument she should have seen the open door and been able to stop in time.

I agree with this as well. If it were me, I think I would assume that it was my fault. The impact is quite a way back on her car, and looking at the photo she's parked reasonably in her lane. I constantly warn my kids about this exact type of accident as well as moving quickly out of the lane/spot because everyone is rushing/not paying attention/distracted by any number of things/didn't give a damn.
Good luck, and be happy it's just a minor incident. My wife's friend's sister died in a horrible and tragic weather related accident on Thursday.

[Lawman77]

Some good opinions here. While I sympathize with your plight, it’s reasonably foreseeable that someone will pull into an empty parking space next to you. To that end, the negligence likely rests with you.
Absent a showing that the other driver “did 30” entering the space, you will be liable.
With that said, id sit back and just let the insurance carriers sort it out

[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.....

[ckaynyc]

BMW drivers are the worat