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Open door, high speed - who's fault it is?

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polia

Junior Member
What is the name of your state?What is the name of your state? MA
I was in a minor car accident a month ago. I had double parked my car because I was moving in and there were double parked cars behind (half a car distance) and in front of me. I was staying in the car and at some time I decided to get out to help my brother with the unloading. I looked in the back and side mirrors, but because there was a van parked behind me I could see well behind me. I slightly opened the door of my car (1-2 inches) to peek and see if any cars were coming. Suddenly, a car hit the side of door with a high speed.
I don't have a collision insurance. I filed a claim with the other insurance company. However, they are saying that in MA I'm at fault because I had my door opened. The door was only slightly opened & the speed (more than 40 miles in access road with 30 miles speed limit) was the reason for the accident. Even the other person initially started appologizing that it is his fault but of course he didn't say that to his insurance company. The damages on the two cars are big-on mine the frame was affected,on the others the wheel. Can I argue my case and what is the way to proceed if they deny the claim? Should I hire an attorney? I would really appreciate your advice! Thank you!
 


JETX

Senior Member
polia said:
Can I argue my case and what is the way to proceed if they deny the claim? Should I hire an attorney?
You can certainly 'argue your case' and you can certainly 'hire an attorney', HOWEVER, based on your post, you have little to no chance of 'winning'. Simply, the obligation is on YOU to make sure that you can safely open your door into the traffic lane.
You claim the accident was due to his speed..... but would there have been any accident if you hadn't opened your door?? Of course not. Your opening the door was the cause of the accident.
 
Jetx is correct. It's not the other driver's fault that you opened your door. Doesn't anybody take responsbility for their actions anymore? :mad:
 

JETX

Senior Member
InsuranceLadyAZ said:
JDoesn't anybody take responsbility for their actions anymore? :mad:
Nope. With all the "Give Johnny an 'A'.... since he tried" mentality, we have created a generation of victims. Rather than learn that each of us is accountable for our own actions... it is much easier to simply blame someone else.
 

rmet4nzkx

Senior Member
I suppose you didn't have collision on your car because it isn't worth it, right? Not only did you open your door into traffic, you were double parked as well, not only can their insurance deny your claim, but you are responsible for the damage to their car! Havr you thought what would have happened if you just steped out?

Whoooomp!
Splaat! :eek:
 

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