opening door into traffic question...

[idiot-driver]

What is the name of your state?Illinois

If I open my door 2-3" into traffic to turn on the inside lamp of my car and someone hits the door, is this my fault for cracking the door open, or the driver's fault for driving within a 1/2" of my car?
(they would have hit my mirror anyways, but instead they hit the bottom corner of the door...)

Is there some magic threshold that exists that determines if the door of a parked car is impeding traffic or not?

The reason I ask is that this just happened 2 weeks ago and AllState was the Driver's Insurance Agency and even though the Driver (a kid) said that I "flung my door open into traffic", the damage shows that I obviously did not.

AllState immediately paid for a rental car for me and then had my car towed to a collision repair place.
This was AFTER I gave them my statement where I mentioned that I had cracked open the door 2-3".

The "Driver" did not respond to AllState's requests for a statement for more than a week, in fact, AllState called ME to see if *I* had an "alternate" phone number for THEIR client!

Appraiser saw it on the 7th and wrote it up.
The ADJUSTER found out that I do not have collision on MY Insurance (Geico) and suddenly AllState completely denied the claim.

I think that AllState is just trying to screw around with me and is betting I won't go to Small Claims court for a $1600 bill.

Geico (my insurance) asked if I "opened my door MORE THAN 6 INCHES"

so, is the person that opens their door into traffic ALWAYS responsible, no matter what, or is there some "line" that has to be crossed?

I don't know why they asked me about "6 inches", unless there was some kind of "threshold" that has been established.

 

[You Are Guilty]

In every state I know of, you are responsible for all damage that results from opening your door in traffic. .1" or 12", it's your door. You open it, you pay for it.

Illinois says so too:

(625 ILCS 5/11‑1407) (from Ch. 95 1/2, par. 11‑1407)
Sec. 11‑1407. Opening and closing vehicle doors. 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.
(Source: P.A. 79‑1069.)

 

[idiot-driver]

yeah, that's what I thought, so why in world would AllState rent me a car and tow my car to a repair place if I TOLD THEM I OPENED THE DOOR 2-3"?

you'd think if it was that cut and dry they would immediately say "sorry, nothing we can do"

also- the law does seem "vague", what defines "reasonably safe"?

 

[acmb05]

yeah, that's what I thought, so why in world would AllState rent me a car and tow my car to a repair place if I TOLD THEM I OPENED THE DOOR 2-3"?

you'd think if it was that cut and dry they would immediately say "sorry, nothing we can do"

also- the law does seem "vague", what defines "reasonably safe"?

Reasonably safe would mean you can open your door without someone hitting it, which evidently did not happen here.

 

[idiot-driver]

what about the rental car?

do you think AllState is going to try and send me a bill for the Rental car THEY provided?
(I did not ask for one)

that should be interesting.

 

[HappyHusband]

do you think AllState is going to try and send me a bill for the Rental car THEY provided?
(I did not ask for one)

that should be interesting.

Here's a crazy idea but...you may have rental car coverage included in your insurance policy!
Another crazy idea...you could read your policy to see.

 

[idiot-driver]

Here's a crazy idea but...you may have rental car coverage included in your insurance policy!
Another crazy idea...you could read your policy to see.

I don't have collision coverage on my car, so I definitely don't have rental car coverage.