Got hit by a car door, by a child..............

[snakkpakk]

What is the name of your state? California

I have a question, my boyfriend was pulling into a parking space at a grocery store, and the car next to the space he was pulling into, had a small child in the back seat, and the adult man who was with the child was on the drivers side of the car, but on the outside of the vehicle. As my boyfriend was pulling into the space, the child opened his door right as my boyfriends passenger side door was directly next to the back drivers side door. It made a good dent and scratch, at least a foot wide, and the other cars door was fine except for the outer edge of the door was slightly folded. He is acting as if he is not the party who is in the wrong, and is threatening to go to my boyfriends insurance. Im wondering who EXACTLY is the wrongful party here, and if he was at fault and went to my boyfriends insurance, would his rates go up?( that is if his insurance was to find that the other party was at fault)

 

[stephenk]

your rates do not go up for making a claim for damages that is not your fault. your boyfriend can either make a claim with his own carrier or against the other vehicle's insurance carrier.

 

[snakkpakk]

Question for Stephan

As far as the accident goes, from the details ive given, who (in your opinion) would you say is in the wrong? There wasnt any accident report involving police, so how would the insurance determine who was in the wrong?

 

[stephenk]

photos of damage to both vehicles can give a reasonable idea of how it happened.

from the story you provided, the kid is at fault (how old is the kid?) or the dad for allowing his son to have access to unlocked door.