Passenger Liability

[Letago]

Illinois

What happens If I, as a passenger, open back left door to get out of the parked car and damage the mirror of a passing by car? If I'm held liable for the damage how am I covered? I heard personal car insurance would cover this, what if I don't have car insurance? Which insurance would protect me if sued? This could also have been a bicycle, which insurance would cover injuries?

 

[FlyingRon]

We don't do hypotheticals. If you are driving you need to have liability insurance which will cover damage you cause to others. There's not nearly enough information here to answer your other questions. If you have a real situation, describe it fully. Otherwise...carry insurance, be vigilant when you drive or open doors.

 

[Letago]

We don't do hypotheticals. If you are driving you need to have liability insurance which will cover damage you cause to others. There's not nearly enough information here to answer your other questions. If you have a real situation, describe it fully. Otherwise...carry insurance, be vigilant when you drive or open doors.

I was not driving. I was a passenger of a Taxi Cab. I as the passenger, opened the door on the traffic side, and hit a passing cars side mirror, damaging it completely. Now, the driver got the cabs details, and the cab driver got mine. I have no car insurance as I do not own a car. Therefore my question is, if the taxi cab insurance denies any responsibility, there is nothing stopping the driver of the damaged mirror from suing me. I could probably pay for the damaged mirror as this is a small amount. However I want to know what insurance would cover this, if it had been a more serious incident such as a cyclist, its obvious due to my negligence that I am at fault.

 

[quincy]

I was not driving. I was a passenger of a Taxi Cab. I as the passenger, opened the door on the traffic side, and hit a passing cars side mirror, damaging it completely. Now, the driver got the cabs details, and the cab driver got mine. I have no car insurance as I do not own a car. Therefore my question is, if the taxi cab insurance denies any responsibility, there is nothing stopping the driver of the damaged mirror from suing me. I could probably pay for the damaged mirror as this is a small amount. However I want to know what insurance would cover this, if it had been a more serious incident such as a cyclist, its obvious due to my negligence that I am at fault.

Illinois has a modified comparative negligence standard of fault which means that an injured party can only recover damages if s/he is less than 50% at fault for the injury/damages. Damages are reduced in proportion to the degree of fault attributed to each party.

All facts need to be considered to determine if you can be held more than 50% at fault for the incident that caused damage to the passing car. There are factors that can make the taxi cab driver liable (how he was parked, where he was parked) and there are factors that can make the other driver liable (not staying in lane, not paying attention), possibly reducing or eliminating all liability that could otherwise be attributed to you as a passenger in the taxi.

Here are links to Illinois modified comparative negligence information, followed by a link to Civil Jury Instructions on motor vehicles and the liability of motor vehicle guests (start at Section 72.03):

What is Comparative Negligence?: http://insurance.illinois.gov/autoinsurance/comp_Negl.asp

Civil Jury Instructions: http://www.illinoiscourts.gov/circuitcourt/CivilJuryInstructions/72.00.pdf

You are correct that nothing can prevent someone from trying to collect from you any damages that they feel you caused from your negligence. Whether you can argue negligence and escape paying is something to discuss with an attorney in your area. You might in the meantime check any homeowner's or renter's insurance you might have, to see if this insurance could cover you in the event you are held liable for repairs to the other driver's car.

 

[adjusterjack]

I have no car insurance as I do not own a car. Therefore my question is, if the taxi cab insurance denies any responsibility, there is nothing stopping the driver of the damaged mirror from suing me. I could probably pay for the damaged mirror as this is a small amount. However I want to know what insurance would cover this, if it had been a more serious incident such as a cyclist, its obvious due to my negligence that I am at fault.

Homeowners and renters insurance exclude automobile liability so you would not be covered if you had either and you have no auto liability coverage so if you are concerned about this you would need what's called a "Named Non-Owner Automobile Liability Policy."

It would provide liability coverage for situations just like you have described if someone else's policy didn't provide coverage.

 

[quincy]

Homeowners and renters insurance exclude automobile liability ...

An insurance policy can cover property damage to a car not caused by an automobile accident. This was not a car accident so much as it was property damage that happened to involve a car. It is worth it for ilii123 to check his existing insurance policy or to contact his insurance agent.