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Person in parked car opened door while i was pulling into parking space

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phattie

Junior Member
What is the name of your state? Southern California

This was about 3 months ago, i was pulling into a parking spot on the company lot, and the girl parked next to me suddenly opened her car door on my front bumper. i was already in the action of turning into the spot before she opened her door. we both checked the damage and her car was fine, though my car had minor scratches. By looking at the damage, we agreed a simple buff job would be fine and she agreed to pay for a car wash/wax job.

We exchanged information and we realized we were working at sister companies and her office is 1 builidng away from mine and i told her i would contact her. a week later, the OC fires were ablaze and it was raining ash - there was no need to get a car wash at the time. i left the country soon after and now (3 months later) i ask her to pay once i found out the detail job is $110.

She is now refusing to pay because she says too much time has passed. and not only that she says that a parked car "is like a pedastrian" and it was my responsibility to watch out for her....which i think is completely absurd -- how is a driver in a moving vehicle supposed to anticipate when a person in a parked car is about to exit her car? she has admitted to causing the scuff on my car. But i believe her argument of her parked car being absolved is ridiculous -- her car was stationary, but her door was not...do i have a case here?

my question is -- do i have a chance to win this in an insurance claim and have her fully pay for the damage, though it's minor? i'm arguing more on principle.
 


ecmst12

Senior Member
Well, she is right about a driver being at fault for hitting a stationary object. However her car was not stationary, even though it was parked, she opened the door. And the person opening a car door has the responsibility to make sure the way is clear before doing so. Therefore, she is at fault.
 

phattie

Junior Member
Let's hope so

Thanks guys, i think that her claim is faulty...but i guess the next step is to go to insurance...i'm wondering if the insurance will see it the same way.
 

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