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  #1  
Old 03-27-2008, 10:41 AM
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Join Date: Mar 2008
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What is the name of your state? Colorado

My daughter was in an accident that we are claiming is not her fault. She was driving slowly down a campus street when a guy openede his car door into her car. The damage to his vehicle is on the outside edge of his door and hers in on the right side in the towards the front. She was sighted with a careless driving ticket which the officer said she could claim not guilty for and she has. Our insurance company denied the claim after their investigation and we have to go to a so-called trial this afternoon since she claimed not guilty. we could not get a an attorney in short notice and also don't feel we have to pay $2000 for something she is clearly not guilty for, there is even a colorado statute to this affect.

The officers comments that they say prove mmy daughter is at fault: "We inspected the drivers door of the car and observed it was hit on the outside edge of the door. OIf the door had been kicked out, it would have been hit on the inside of the door panel causing the door to swing out and possibly off its hinges. The door would have been pushed out towards the front of the vehicle if the door was kicked all the way out.

My daughter stated he threw the door open as she was approaching him thus the damage on her car on the front side of the car and the damage to the edge of his door.

Any advice would be much appreciated as the attorney we were going to use priced out at $2000 and could not also not make it today because of another case. The city did not give us much time or information on what we needed to be prepared for.
  #2  
Old 03-27-2008, 07:39 PM
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Join Date: Feb 2005
Location: Elgin, IL USA
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Without seeing the damage I don't know how the officer came to that conclusion. From your description it sounds like he open the door into the front side of your daughter's car as she was starting to go by him (not in front of her), which would explain the damage to the outside edge of his door. In that case I don't see how anyone could assume that there would be damage to the inside edge of his door, or that he is not at fault for opening his door into traffic.
  #3  
Old 03-28-2008, 03:19 AM
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Join Date: Dec 2006
Posts: 204
You might want to look into a forensic accident reconstruction specialist.
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