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  1. #1
    sublime234 is offline Junior Member
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    Car door hit by moving car in parking lot. Who is at fault?

    I live in MA. I was leaving a restaurant, went to my car and opened the driver side door. After I opened it the car in the spot next to me whipped out of the parking spot (wheel was cut right, towards my car), clipped the edge of my door (which bent backwards). The driver had no idea they even hit my door so they kept driving while the door scraped along the entire side length of the car. The door hinges were both broken because the other driver did not stop. I think that it should be the other drivers fault, 100%. The other driver is trying to say that I didn't have my door open when she started moving, which is not true. The resulting damage from that would not match the damage on my car. Also would the other driver be considered neglegent since she didn't look before moving and not hitting the brakes? I heard that having conflicting statement usually results in 50/50 fault. Will the damage from the cars be taken into account or will the other driver's word be the final judgement? If anyone knows the answers to any of my questions please let me know!

    Thanks
  2. #2
    justalayman is offline Senior Member
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    If your description is true, the other driver is at fault. If the other driver's description is true, it is either a shared fault or all hers, depending on the exact facts.

    I don't think you can differentiate the damage whether your door was already open prior to her moving or you opened it after she started moving and she hit your door or that you opened the door into her car as she was moving. It would all look the same.

    The problem: you have your belief of the situation. She has hers. Proving one or the other is nearly impossible. Due to that, many insurance companies will simply take care of their own and let it be.
  3. #3
    sublime234 is offline Junior Member
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    Thanks for the help!
  4. #4
    ecmst12 is offline Senior Member
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    You were getting IN to the car, not getting OUT, correct? So you opened the door and then got in and sat down and then she hit the door? In that course of events, it's going to be her fault. If you had just opened the door into her path, you would have been STANDING there and so she would have hit YOU before she got to the car. Were there any witnesses (that don't know either of the drivers)? That would help you too.

    Report everything to your insurance company and they will handle it. If you have collision coverage, use it and let them deal with the other insurance.
  5. #5
    sublime234 is offline Junior Member
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    Quote Originally Posted by ecmst12 View Post
    You were getting IN to the car, not getting OUT, correct? So you opened the door and then got in and sat down and then she hit the door? In that course of events, it's going to be her fault. If you had just opened the door into her path, you would have been STANDING there and so she would have hit YOU before she got to the car. Were there any witnesses (that don't know either of the drivers)? That would help you too.

    Report everything to your insurance company and they will handle it. If you have collision coverage, use it and let them deal with the other insurance.
    Yes, I was getting into the car. I had opened the door and was starting to get into the car. I was still standing outside when she hit it, she barely missed me.
  6. #6
    ecmst12 is offline Senior Member
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    Are you 100% certain that the car was not moving when you opened the door?

    It sounds a little bit like your word vs hers at this point unless you have an uninvolved witness who can confirm that the door was open when she started moving.

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