Getting out of my car

[lanunz]

I'm in Maine. I was in a parking lot and getting out of my car. Another car pulled into the space next to me and smashed into my open door. The insurance company says they can't determine whose fault it was. Really??? Both drivers involved have the same insurance company, so they could hardly give a damn who's at fault. They have to pay either way. In what world do I share the blame for this accident? Thanks!

 

[FlyingRon]

Because unless the other driver probably said that you opened the door into him as he was entering the space. Parking lot accidents don't generally get much "investigation" as to fault. You're probably both being charged with the accident on their risk determinations.

 

[lanunz]

That's so unfair. But not entirely unexpected. I always get screwed. Would it have been shared "fault" if she ran over my foot? Guess I'll keep that in mind the next time I wait for someone to get out of their car.

 

[FlyingRon]

They'd argue the same thing if you had stuck your foot in the path of the moving car. There's no "right of way" here.

 

[Just Blue]

That's so unfair. But not entirely unexpected. I always get screwed. Would it have been shared "fault" if she ran over my foot? Guess I'll keep that in mind the next time I wait for someone to get out of their car.

Curious...Where was the damage on the other car?

 

[lanunz]

No right of way when you're getting out of your car in a parking lot. That's just sad.

She caught the edge of my door in the groove between the hood and the passenger door. She entered the parking lot perpendicular to my car. She pulled up behind me, turned sharply to the right into the space to my left and took my door with her.

 

[Just Blue]

You can sue the driver in small claims court.

 

[adjusterjack]

No right of way when you're getting out of your car in a parking lot. That's just sad.

She caught the edge of my door in the groove between the hood and the passenger door. She entered the parking lot perpendicular to my car. She pulled up behind me, turned sharply to the right into the space to my left and took my door with her.

Did you happen to turn around and look while you were opening your door?

 

[lanunz]

I looked to the empty space next to me before opening the door. I didn't turn around 180 degrees to see if anyone was passing the back end of my car. I opened the door, reached over the passenger side to grab my purse and felt and heard her slam into my door. I immediately looked to my left and saw her car pulling my door open wider until I screamed "OMG, stop!" After crunching my door, she continued to drive into the space like it was caught on a twig, not a car door.

 

[Just Blue]

I looked to the empty space next to me before opening the door. I didn't turn around 180 degrees to see if anyone was passing the back end of my car. I opened the door, reached over the passenger side to grab my purse and felt and heard her slam into my door. I immediately looked to my left and saw her car pulling my door open wider until I screamed "OMG, stop!" After crunching my door, she continued to drive into the space like it was caught on a twig, not a car door.

Sounds like you both were equally at fault.

 

[Zigner]

I looked to the empty space next to me before opening the door. I didn't turn around 180 degrees to see if anyone was passing the back end of my car. I opened the door, reached over the passenger side to grab my purse and felt and heard her slam into my door. I immediately looked to my left and saw her car pulling my door open wider until I screamed "OMG, stop!" After crunching my door, she continued to drive into the space like it was caught on a twig, not a car door.

Sounds like you both were equally at fault.

Frankly, I disagree - from the OP's description, I think the OP is either entirely or mostly at fault. A 50/50 determination is a gift for the OP.

 

[LdiJ]

Frankly, I disagree - from the OP's description, I think the OP is either entirely or mostly at fault. A 50/50 determination is a gift for the OP.

I disagree the other way around. Someone should not be pulling into a parking slot so quickly that they cannot see and stop from hitting an open car door.

 

[Zigner]

I disagree the other way around. Someone should not be pulling into a parking slot so quickly that they cannot see and stop from hitting an open car door.

Someone should not open their door in to oncoming traffic.

EDIT: I don't know about Maine, and it's irrelevant because this happened in a parking lot, but in my state there is even a statute that addresses this for cars parked at the curb alongside a public street.

 

[FlyingRon]

This is not "oncoming traffic." It's cars parking.

 

[Zigner]

This is not "oncoming traffic." It's cars parking.

You mean the traffic that was coming towards the car before the door was thrown open in its path...?
("coming towards" = "oncoming")

https://www.dictionary.com/browse/oncoming

oncoming
adjective
approaching; nearing