Minor Car Accident

What is the name of your state? California

My daughter was driving into a private commercial parking lot and was pulling into a vacant parking space when all of a sudden the car parked next door opened their door and she hit it. The only damage was the door would not close properly. I don't believe my daughter was at fault because the lady parked next door opened her door abruptly and saw my daughter pulling into the space. My questions are: My daughter has no insurance and if the lady pursues the damage to her car, can my daughter contest this in small claims court, since it wasn't her fault? Also, should my daughter contact the lady's insurance company and let them know what happened...that it wasn't my daughter's fault? Also, can I be a witness since I was in the passenger's side?

[JETX]

Originally Posted by Rhernz

My daughter has no insurance and if the lady pursues the damage to her car, can my daughter contest this in small claims court, since it wasn't her fault?

Your post isn't clear as to what is being done by whom. If the other driver sues your daughter (how old is she?) in small claims court (or any other court), of course she would then be able to present her defense against the claim.

Also, should my daughter contact the lady's insurance company and let them know what happened...that it wasn't my daughter's fault?

Of course your daughter can file a claim against the other drivers insurance. The determination of fault as far as damages would then be determined by the facts as presented to the insurance company by BOTH parties.

Also, can I be a witness since I was in the passenger's side?

Of course you can be a witness; however, you have to realize that your 'statements' may be viewed as biased due to the relationship.