car hit in drive-thru

[cher_r_r]

What is the name of your state?What is the name of your state? California
Hello, hoping someone/anyone could give me some input. While driving through the drive-thru at Wendy's a car was stalled and parked in the middle of the parking lot besides the drive-thru lane, however not blocking it or in the way. Anyhow, as I drove through the guy opens his door and hits my passenger side mirror and breaks it and dings my door as well. I called the police and they wrote a report but said they couldn't help any, it's a civil matter. Well the guy refuses to pay and says its my fault but I never went out of my lane, he opened his door on me.
My question is, am I legally entitled to him fixing my car? Don't want to take him to court if I am wrong. Please offer any advice you can. Thanks.

 

[nicholasf]

What is the name of your state?What is the name of your state? California
Hello, hoping someone/anyone could give me some input. While driving through the drive-thru at Wendy's a car was stalled and parked in the middle of the parking lot besides the drive-thru lane, however not blocking it or in the way. Anyhow, as I drove through the guy opens his door and hits my passenger side mirror and breaks it and dings my door as well. I called the police and they wrote a report but said they couldn't help any, it's a civil matter. Well the guy refuses to pay and says its my fault but I never went out of my lane, he opened his door on me.
My question is, am I legally entitled to him fixing my car? Don't want to take him to court if I am wrong. Please offer any advice you can. Thanks.

We had a CHP officer come in and talk with us at my last job. The job was 80% driving so they wanted us to know the laws from the police perspective.

It seems that the standard right of way laws and collision laws don’t pertain to privet/commercial property {Parking lots, Drive threw}. Did you contact your insurance provider?

You might just have to take him to small claims. Did you get his info?

 

[teflon_jones]

You'll have to take him to small claims court.

 

[cher_r_r]

car hit in drive thru

I do have his info, but worried about the extra costs entailed if I were to take him to small claims and lose. Was hoping to hear if I had a chance of winning. I do thank you all for your replies...

 

[InsuranceLadyAZ]

I do have his info, but worried about the extra costs entailed if I were to take him to small claims and lose. Was hoping to hear if I had a chance of winning. I do thank you all for your replies...

Your chances of winning should be high since he opened his door into your path, but no one here has a crystal ball. It's worth it to take him to court.