not at fault accident uninsured

tsult · #1 08-14-2009, 09:48 PM

What is the name of your state (only U.S. law)?
What is the name of your state (only U.S. law)? Ohio
What is the name of your state (only U.S. law)?
What is the name of your state (only U.S. law)?
I live in the state of Ohio, I was recently involved in a auto accident. This took place at a gas station, my vehicle was parked at a gas pump for several minutes. When my spouse opened the door to get out on the passenger side, a vehicle came from behind us and hit my door bending the outer edge of my door frame inward. This caused the other drivers bumper and headlight to crack. The local police came to the scene, this took place on private property so no one could be sited. We traded insurance information, however i have an older car and am not worried about fixing the damage. I did recieve a call from the other insurance company about the accident, they came to my house a few days later. My spouse caught them taking pictures of my car and they sent me a letter about making payments to them for over eight hundered dollars! This would not be a problem except it turns out my insurance lapsed because of policy changes I made. I currently have active insurance and did not get sited for not having it that day. I am now getting letters of collection from the other insurance company. They are also threatening to send this to the State of Ohio to suspend my license for not having insurance. Im not sure if that is legal considering their clint hit my parked car from behind. I am not sure of my rights or what to do at this point, I would like to just solve this issue! Any advice would be greatly appreciated!

racer72 · #2 08-14-2009, 11:40 PM

Your spouse opened the door before checking to make sure there was no other vehicles in the vacinity, this makes you liable for the damage to the other vehicle. It would be in your best interest to make a deal with the insurance company.

Banned_Princess · #3 08-15-2009, 09:10 AM

I disagree, The other driver hit the car while it was parked. The OD's responsible for watching where he was going, and stopping before hitting the car door.

OP, I would fight the OD's insurance all the way to a judge. You might have to accept a fine, and suspension of your license, but I wouldn't pay one thing until there is a judgement.

JETX · #4 08-15-2009, 09:30 AM

Of course, Racer is correct.... and 'banned princess' is not.

There is no expectation that someone will open a door into a 'traffic lane' (even a private one).
The person who is encroaching on that lane is responsible for making sure that it is safe before doing so. The wife didn't.... and is the cause of the accident.

Let's put it this way.... The incident was not caused by the person simply driving by in the car (no door opened). He would have simply passed on his way.
The incident WAS caused when the door was opened into his path, ergo liable.

JustAPal00 · #5 08-15-2009, 10:11 AM

Quote:

Originally Posted by JETX

Of course, Racer is correct.... and 'banned princess' is not.

There is no expectation that someone will open a door into a 'traffic lane' (even a private one).
The person who is encroaching on that lane is responsible for making sure that it is safe before doing so. The wife didn't.... and is the cause of the accident.

Let's put it this way.... The incident was not caused by the person simply driving by in the car (no door opened). He would have simply passed on his way.
The incident WAS caused when the door was opened into his path, ergo liable.

I disagree. In a parking lot or a gas station there is an expectation that someone will open a door. As for who's at fault, that would depend on how long the door was open. Were there any witnesses?

Almost all accidents are caused by someone simply getting in the way of another driver. Even when that driver is at fault, you could make the argument that if the victem wasn't there, the accident wouldn't have happened!

JETX · #6 08-15-2009, 10:50 AM

Quote:

Originally Posted by JustAPal00

I disagree.

Disagree all you want... you're still NOT correct.

Rather than to simply restate the obvious (as I already have):
http://en.allexperts.com/q/Insurance-Law-923/2009/3/Door-opened.htm
http://en.allexperts.com/q/Insurance-Law-923/2009/2/moving-car-struck-parked.htm
http://en.allexperts.com/q/Insurance-Law-923/2008/3/car-dooring.htm
http://en.allexperts.com/q/Insurance-Law-923/2008/2/driving-opened-door.htm
http://en.allexperts.com/q/Insurance-Law-923/open-door-hit-parking.htm

And finally, from the Ohio Code:
4511.70 Obstructing view and control of driver - opening door into moving traffic.
(C) No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

racer72 · #7 08-15-2009, 10:57 AM

Quote:

Originally Posted by JustAPal00

I disagree. In a parking lot or a gas station there is an expectation that someone will open a door.

Is that the same as driving along a street with cars parked at the curb, I am expected to look for doors suddenly opening and not hitting them? I don't think so. It doesn't matter where one is driving, street, parking lot, or driveway, there should be no expectation that a door will open in my path, it is up to the person in the vehicle to not open a door while there is traffic.

ecmst12 · #8 08-15-2009, 11:25 AM

Yes, the car was parked. But the part of the car that got hit was MOVING - the door opened into the path of the other car. You are liable to pay for the damage to the other car. Their insurance will likely allow a payment plan.

hmbttw2012 · #9 08-15-2009, 12:09 PM

I think racer and ban are both correct

Banned_Princess · #10 08-15-2009, 10:12 PM

As a matter of opinion, the same way if you hit a person who is walking - you- automatically are at fault. ( I hear your disagreement ) May not be so in law, but it is in practice.

The OP wasn't on a road, he was in a parking lot/ gas station. The driver should have been more aware of his surroundings and stopped in time. Being a responsible and aware driver and all. I think this maneuver is taught in defensive driving class.

In my opinion, and if I were faced with the same accident, I would fight it. That's it. Not like I'd loose anything significantly more.

ecmst12 · #11 08-15-2009, 10:19 PM

You are wrong about both. Hitting a pedestrian is only automatically your fault if the pedestrian is in a crosswalk. And the burden to yield is on the person opening the door, to make sure there is no traffic coming.