Murky Accident Fault

[Deadlift]

The state is PA.

I was parked in a small pizzeria parking lot and opened my door while someone started to reverse into the spot next to mine. I closed my door as fast as I could but wasn't fast enough as the person was reversing at a reckless speed and did not stop or slow whatsoever. The driver collided their rear quarter panel into my door edge. I lost some paint but they dented their quarter panel and tore paint off their panel and fuel door. We were both working as delivery drivers at the time and the other drive is familiar with my car and saw me park as he was behind my car. We exchanged information but the other person didn't want to use insurance. We are now fighting over the fault of the accident.

I contend the accident is his fault as he was recklessly reversing without looking behind him. His car is a 2020 civic and has a mandatory backup camera. He was entirely negligent while reversing and not looking behind him nor at the reverse camera. I closed my door as soon as I realized he was reversing, had he slowed at all we would have avoided the accident. The parking lot is small and always congested, he's lucky he didn't hit a customer who could have easily stepped into the parking space. I thought when reversing your car you have to have a higher responsibility of awareness.

On top of that, apparently this drive as been warned before to not drive so recklessly in the parking lot. I believe he also has an expired license and was driving his mom's car, both reasons he doesn't want to just let insurance handle it.

 

[LdiJ]

The state is PA.

I was parked in a small pizzeria parking lot and opened my door while someone started to reverse into the spot next to mine. I closed my door as fast as I could but wasn't fast enough as the person was reversing at a reckless speed and did not stop or slow whatsoever. The driver collided their rear quarter panel into my door edge. I lost some paint but they dented their quarter panel and tore paint off their panel and fuel door. We were both working as delivery drivers at the time and the other drive is familiar with my car and saw me park as he was behind my car. We exchanged information but the other person didn't want to use insurance. We are now fighting over the fault of the accident.

I contend the accident is his fault as he was recklessly reversing without looking behind him. His car is a 2020 civic and has a mandatory backup camera. He was entirely negligent while reversing and not looking behind him nor at the reverse the camera. I closed my door as soon as I realized he was reversing, had he slowed at all we would have avoided the accident. The parking lot is small and always congested, he's lucky he didn't hit a customer who could have easily stepped into the parking space. I thought when reversing your car you have to have a higher responsibility of awareness.

On top of that, apparently this drive as been warned before to not drive so recklessly in the parking lot. I believe he also has an expired license and was driving his mom's car, both reasons he doesn't want to just let insurance handle it.

And the bolded is also the reason why he wants it to be your fault. Do you have full coverage? If so, you might want to turn it into your insurance company and let them fix your car and handle him.

 

[Deadlift]

And the bolded is also the reason why he wants it to be your fault. Do you have full coverage? If so, you might want to turn it into your insurance company and let them fix your car and handle him.

I have full coverage. My car honestly is probably only $200 worth of damage so it's below my deductible. His car could be $2k if he need the quarter panel replaced and painted. I understand I'm responsible for ensuring my car door is clear before I open but closed my door as soon as I saw him and he was reversing way too fast for a small parking lot. I don't understand how he can reverse a car and not watch what's behind you.

 

[LdiJ]

I have full coverage. My car honestly is probably only $200 worth of damage so it's below my deductible. His car could be $2k if he need the quarter panel replaced and painted. I understand I'm responsible for ensuring my car door is clear before I open but closed my door as soon as I saw him and he was reversing way too fast for a small parking lot. I don't understand how he can reverse a car and not watch what's behind you.

You still want to report it to your insurance company. You can advise them that you don't believe that it is your fault, and why you don't believe that it is your fault and let them decide. I suspect that they will agree that it wasn't your fault. I also suspect that his license just isn't expired. I suspect it's suspended. In any case though, his mother is likely to force the issue of making a claim against your insurance, and therefore you will want to have reported the potential claim to them.

 

[adjusterjack]

I have full coverage. My car honestly is probably only $200 worth of damage so it's below my deductible. His car could be $2k if he need the quarter panel replaced and painted. I understand I'm responsible for ensuring my car door is clear before I open but closed my door as soon as I saw him and he was reversing way too fast for a small parking lot. I don't understand how he can reverse a car and not watch what's behind you.

When somebody says "You've done me wrong, I want your money" you report it to your insurance company in accordance with the policy requirements regardless of your opinion as to fault. You let the experts figure it out.

 

[Zigner]

In other words, you opened your door into the path of an oncoming vehicle.

 

[LdiJ]

In other words, you opened your door into the path of an oncoming vehicle.

I am not sure that backing into a parking space counts as being an oncoming vehicle. I am not going to go look it up but I seem to remember some different rules for backing up. It has been a long time since I took a driving test but that does seems to stick in my mind.

 

[Zigner]

I am not sure that backing into a parking space counts as being an oncoming vehicle. I am not going to go look it up but I seem to remember some different rules for backing up. It has been a long time since I took a driving test but that does seems to stick in my mind.

Was the vehicle coming nearer to the OP? (YES) Then it was oncoming.