Passenger opens door and the next thing...

[jlam]

What is the name of your state? CA (Bay Area to be more specific)

I was driving down a one way street and had pulled over to my far left lane. I came to a complete stop with my hazard lights on to let a passenger out. He opened the door (back passenger right door) when the next thing you knew it my vehicle and another vehicle had both been impacted.

Problem #1: The passenger is a casual carpooler. Is it fair to ask him to pay for damages to my car and/or damages to the other car? Dont get me wrong, I do have insurance to pay for the other car's damages but the sad thing is I dont have coverage to pay for mine, hence its out of pocket for me. Is it fair to ask the passenger who opended the door to be responsible financially in any part ofthis accident since it wasn't really me that caused the accident? My insurance says that I was at fault. Something about negligence??? I do know that technically speaking the driver is responsible for all passengers in his or her vehicle. I am worried too because if I am at fault then that means thats a point on my record when I wasnt really even the one that caused the accident, greatthere goes my insurance premiums.

Problem #2: The driver of the other vehicle called me to to tell me that her insurance had "lapsed?" I'm not sure what that quite means but I am assuming either she has no insurance or her insurance had expired? Her damage was about two hand span scratch (one line) of my paint and then a minor dent on her door. She said that her windows wont go down. On the flip side, my damages were severe. I cant even close or open the back passenger right door. The front passenger door could barely open and close with ease and now I have a "fish fin" sticking out on my back passenger right door. By law any damages more than $500 is required to be reported to DMV. I think the driver in the other vehicle is worried and is caught up in whether its her fault maybe because she was techinically speaking driving without insurance which is against the law. I dont know if this is true.

To be quite honest I really dont know whos fault it is and I can certainly justify for both sides. It just sucks because I get hit with it in the end. Help! I need some advice and/or suggestions as to what to do? Any woudl be helpful. What do you think is fair to do and/or ask? What should I do? No one was hurt thank goodness. I just want to do what is right and what is fair.

Thanks.

 

[Zigner]

What is the name of your state? CA (Bay Area to be more specific)

Your passenger is generally responsible for the damage they cause. You, as the driver of the vehicle, can also be held responsible by the damaged party, but you can seek reimbursement from the passenger.

This answer is based solely on the limited information you provided in your post

 

[VeronicaLodge]

i thought maybe this was a story thread, we are all supposed to chime in and add another section to the story?

 

[jlam]

Your passenger is generally responsible for the damage they cause. You, as the driver of the vehicle, can also be held responsible by the damaged party, but you can seek reimbursement from the passenger.

This answer is based solely on the limited information you provided in your post

Zigner can you please look at my post above again and readvise me as I did not post the full story by accident. Thanks!

 

[jlam]

i thought maybe this was a story thread, we are all supposed to chime in and add another section to the story?

VeronicaLodge I think you can do both although I've seen people chime in rather than add another story. Please feel free to reread my post as I accidentally did not post the full story. Thanks.

 

[Zigner]

The damage threshold for the report to the DMV is $750 to any one party. But that doesn't mean you can't report it at a lesser amount. If you report it, she will be required to provide proof of insurance or face other consequences. So, I guess it depends on how much you want to "stick it to her".

Yes, even if you are responsible to the other driver, your passenger is responsible to YOU for any damages he caused. So, the other driver can look to you for payment of her damages, but you can then look to the passenger for payment for ALL of the damages.

(This answer is the same as what I posted earlier )

 

[VeronicaLodge]

VeronicaLodge I think you can do both although I've seen people chime in rather than add another story. Please feel free to reread my post as I accidentally did not post the full story. Thanks.

sorry, I don't know the answer, but looks like zinger has you covered.

 

[jlam]

Zigner, Thank you so much for your prompt response. I guess I just want everyone to be happy in the end but I dont want to be screwed over as well later on. If you were me, what would you do? Should I ask her to settle it on the side saves her from being cited with no insurance, her car gets fixed and no point on my record or should I just let insurance handle it and suck up for the one point? And how should I handle it with the passenger? I guess I feel weird and have never been in the sitaution to ask the passenger to be financially responsible and if so how should I ask him to be responsible? Just for my car partly or whole? Or her car only or both cars?

 

[ecmst12]

I would let insurance handle the damage to the other vehicle. Her lack of insurance is not your problem. You might not even get charged with an at-fault accident since it was actually the passenger's fault; you were not the negligent party. And I would absolutely ask the passenger to pay for the damage to your car, he was negligent in not making sure the way was clear before opening the door. If he wants to be a jerk and not pay, you can take him to small claims court for it.

 

[Ozark_Sophist]

I would let insurance handle the damage to the other vehicle. Her lack of insurance is not your problem. You might not even get charged with an at-fault accident since it was actually the passenger's fault; you were not the negligent party. And I would absolutely ask the passenger to pay for the damage to your car, he was negligent in not making sure the way was clear before opening the door. If he wants to be a jerk and not pay, you can take him to small claims court for it.

Was it legal for OP to stop to the left? Was it a traffic lane? I think it was OP's responsiblity to park in a legal, safe area.

 

[jlam]

ecmst12. Thanks for much for your advice as well. I'm starting to feel a little more confident as to what to do.

Ozark_Sophist technically speaking yes we could argue that I probably did not stop in an area that is legal to park. However, the area I stopped in is a bus terminal and hundreds of people get dropped off everyday in the same spot that I had dropped off the passenger. This is not a new drop off point and I'm sure nor is it new to the passenger. 99% of the time passengers do turn back to look before opening the door from all teh times that I have dropped off passengers. I'm not sure what happened in this case as in whether he did look or he didnt look. Also, that street is a very popular street in which motorist/cummuters know that many passengers get dropped off and lots of people crossing the street and what not to get to work. I even pulled in as close as possible to the car next to me so that when the passenger does get out there is enough room. The area is still under heavy construction due to the newly built condos and I stopped about a car lengths away from a construction truck that was right in front of me.

I wish this didnt happened in the first place and I just hope the passenger isnt a jerk either. He did say oh crap when he got out of the car and looked a bit disgruntled.

 

[Zigner]

Was it legal for OP to stop to the left? Was it a traffic lane? I think it was OP's responsiblity to park in a legal, safe area.

It was a one-way street.

 

[ecmst12]

Of course the SMARTEST thing for the passenger to do would have been to slide across the seat and get out on the curb side instead of the street side.

 

[Zigner]

Of course the SMARTEST thing for the passenger to do would have been to slide across the seat and get out on the curb side instead of the street side.

I absolutely agree on that one

 

[jlam]

Thanks to all who have given me advice and suggestions. I truly appreciate it very much.

I have another question. The OP is worried now that insurance is involved because as I said before her insurance had lapsed and by law she is suppose to be insured whether she is at fault or not when operating a vehicle in CA.

In any case, I said I am willing to settle it off the books she is doing me a favor I am doing her a favor, everyones happy. The problem is the adjuster is scheduled to come out tomorrow to make an estimate on the damages to her car. I can say right off the bat that the damages exceed 750 which by law requires you to report any accident that is over this value. Does anyone know what the turn around time is on the adjuster reporting it to the claims department and then to the Dept of Motor Vehicle?

I guess the OP is worried that how can this go off the books if the adjuster is involved. I thought that the adjuster can still make the estimate and the OP can still tell the adjuster even up to that point whether the OP decides if she wants to go through with fixing her car, taking a check or that we (me & her) have decided to handle it on the side without getting insurance involved.

What should I do? Each time I talk to her she tells me there is another problem to her car. I dont mind sucking up and paying but I am also worried that the damages might be more than what I can really afford to shell out for her. She had mentioned needing a rental car while her car gets fixed. I guess I'm starting to get worried again because by doing good I might get screwed over again and of course I dont want that.