door hit while daughter getting out

[sunrise120]

Hello my daughter and I pulled into a parking spot at Acme with noone next to us. I proceeded to turn off the car and my daughter started to get out of car. She had the door half way open and she was half way out of car with one leg on the ground when a car pulled into spot and struck my door on the edge causing a pretty bad V shaped dent in his front bumper . My door was pushed in and does not close properly unless it is pushed in hard.I thank god my daughter wasn't hurt, a few seconds later she would have been hit. His insurance is denying a claim of 470.00 stating that he had the right to park and we were at fault. They said it must be clear to open a door.How clear must it be if you are half way out of vehicle and another driver comes along to park? Shouldn't he have waited like all drivers do. Also with his car having so much damage does that show he was going too fast? I have pictures and my daughter as a witness who is 11 and an excellent student. Do I have any chance at small claims court? We live in Phila., Pa. Thanks so much for listening

 

[I AM ALWAYS LIABLE]

Hello my daughter and I pulled into a parking spot at Acme with noone next to us. I proceeded to turn off the car and my daughter started to get out of car. She had the door half way open and she was half way out of car with one leg on the ground when a car pulled into spot and struck my door on the edge causing a pretty bad V shaped dent in his front bumper . My door was pushed in and does not close properly unless it is pushed in hard.I thank god my daughter wasn't hurt, a few seconds later she would have been hit. His insurance is denying a claim of 470.00 stating that he had the right to park and we were at fault. They said it must be clear to open a door.How clear must it be if you are half way out of vehicle and another driver comes along to park? Shouldn't he have waited like all drivers do. Also with his car having so much damage does that show he was going too fast? I have pictures and my daughter as a witness who is 11 and an excellent student. Do I have any chance at small claims court? We live in Phila., Pa. Thanks so much for listening

My response:

I would agree with the insurance company, but only for 50%.

I think both parties were at fault from the way you describe this incident. Neither party was looking, and that constitutes negligence.

I would sue the other driver and let the judge tell me how much both parties are responsible.

IAAL