California: Door opened car hits my car.

[kimchimango]

What is the name of your state? What is the name of your state? California

Hello, my car door was already opened and parked next to a curb. I was sitting on the curb changing shoes. There was children running on the residential street. When suddenly a car van hits my door. He was driving faster than speed limit. Is the person who hit my car at fault? Door was already opened meaning the car should of slowed down and look. A witness gave me his phone number will this help? Got my passenger too. The other party was driving his working van. What’s this case looking like?

 

[CdwJava]

Without knowing all the details, it's hard to say. If the car door had been opened prior to the van approaching it looks good for you. If you opened it in the path of the van,then not so good. Ultimately, it will be up to the insurance companies to assign fault.

 

[NeilTheCop]

Did the van stop or did any of the witnesses get the license plate of the van?

 

[Zigner]

Are you trained in speed estimation? And why would you leave your door open on the street side while you're on the other side of the car changing your shoes. Frankly that is a very rude and stupid thing to do.

 

[LdiJ]

Without knowing all the details, it's hard to say. If the car door had been opened prior to the van approaching it looks good for you. If you opened it in the path of the van,then not so good. Ultimately, it will be up to the insurance companies to assign fault.

Based on the fact that he was sitting on the curb changing shoes I am going to guess that the door was open long before the van was anywhere near.

 

[adjusterjack]

What’s this case looking like?

Looks like you are partially to blame for the accident because you negligently left the door open on the street side of the car while you were on the curb.

California is a Comparative Negligence state. You can seek damages from the van driver. The van driver can seek damages from you (if his van was damaged by the impact).

The percentage of negligence applied to you reduces your claim by that percentage.

The percentage of negligence applied to the van driver reduces his claim by that percentage.

Only a court of law can pronounce those percentages but the insurance companies are allowed to reach an out-of-court settlement on who pays what.

Any percentage allocated to you will likely result in an at-fault surcharge of your policy because, let's face it, leaving your door open to oncoming traffic was a bad move and you don't get off scott-free for it.

 

[Just Blue]

What is the name of your state? What is the name of your state? California

Hello, my car door was already opened and parked next to a curb. I was sitting on the curb changing shoes. There was children running on the residential street. When suddenly a car van hits my door. He was driving faster than speed limit. Is the person who hit my car at fault? Door was already opened meaning the car should of slowed down and look. A witness gave me his phone number will this help? Got my passenger too. The other party was driving his working van. What’s this case looking like?

Why did you leave your door open?

 

[kimchimango]

Why did you leave your door open?

Went fishing was going to put fishing rods and coolers in the car. Car is a coupe so the only way was to open the door.

 

[kimchimango]

Based on the fact that he was sitting on the curb changing shoes I am going to guess that the door was open long before the van was anywhere near.

Yes

 

[kimchimango]

Did the van stop or did any of the witnesses get the license plate of the van?

Yes got all his info

 

[Just Blue]

Went fishing was going to put fishing rods and coolers in the car. Car is a coupe so the only way was to open the door.

You don't have a passenger side door? Why would you leave the door open while you tied/changed your shoes? If you had stuff to put in the car why didn't you wait to open the door till you were actually READY to do that?

I agree with the others...You are at least 50% liable for this accident.

 

[PayrollHRGuy]

Went fishing was going to put fishing rods and coolers in the car. Car is a coupe so the only way was to open the door.

That is really no reason to leave a door open to traffic while you are sitting on the curb changing shoes. Is there some reason you couldn't have put the stuff in on the curb side?

 

[PayrollHRGuy]

VEHICLE CODE - VEH
DIVISION 11. RULES OF THE ROAD [21000 - 23336]
( Division 11 enacted by Stats. 1959, Ch. 3. )


CHAPTER 9. Stopping, Standing, and Parking [22500 - 22526]
( Chapter 9 enacted by Stats. 1959, Ch. 3. )

22517.
No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such 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.

 

[Zigner]

Went fishing was going to put fishing rods and coolers in the car. Car is a coupe so the only way was to open the door.

Strange - every coupe I've ever owned had a door on the right side of the car. as well as the left. Furthermore, every coupe I've ever owned allowed the door to close as well as to open.

The question was: Why did you leave the door open?

 

[Just Blue]

Strange - every coupe I've ever owned had a door on the right side of the car. as well as the left. Furthermore, every coupe I've ever owned allowed the door to close as well as to open.

The question was: Why did you leave the door open?

Apparently when OP got around to it s/he was going to put fishing gear into the car...

Perhaps if OP took that traffic school s/he would have learned, once again, how to drive/maintain/open doors/close doors. Px Hx