badbeatjay

Hi guys, I know this topic doesnt belong here but I am posting here because I own an RX 350 and I don't know where else to ask.

My friend is in a weird situation with his insurance company and I was wondering if any of you knew the answer.

Basically, he was parked outside a store. His rear left door was open as he was in the middle of loading his purchases.

The car parked beside him (A Big Truck with Large wheels) started and began pulling out. The driver hit my friend's car door while backing out.

My friend's door was most likely across the line (or else how else would you open the door in a parking stall?)

My friend's insurance company is saying that the accident is most likely 50/50 because my friend's door was in the other car's line of traffic.
As a result, my friend is thinking about not putting in a claim as it may effect his insurance.

I personally think that a parked car would not be at fault for any of this but does anyone know the truth?

That'd be like a person backing up and hitting a child and saying that the child was in his line of traffic.

lexus114

Unfortunately,thats a gray area. A 50/50 fault seems reasonable in this situation.

968racer

+1 If someone did back into a child that was in the path, I still would think that is a 50/50 fault as well. 50% falling onto the child/parent. Like lexus114 said, it's a gray area & seems reasonable.

mmlex1987

I think I would ask a few police officers for different opinions as well as possibly a free consultation with an attorney. It couldn't hurt to get some additional advice. Good luck....

captstp

What kind of damage occurred? If the car door was open and if the other car/truck hit it backing out of the spot I would think just a scratch and the door closing. To make a claim worth anything the damage would have to be more than the deductable or have it be the other person’s fault 100 percent. I would think it is the car/truck that is moving that is at fault, the lines of the parking spot are just guides, but it is all up to the insurance company (claim adjuster) to make the choice. But I am not an expert, good luck.

ByTor

Was there a police report taken at the scene? In this state, you need that to file your claim. Insurance here is "No Fault" and either the offender's insurance or your friends' insurance would cover the repairs, less deductible of course.

aquatrax

I always was taught that the person backing up had full responsibility to make sure their path was clear. If not then is a car driving by while a car is backing up 50% responsible if there is a collision?

arima

if you're in a parked car, open your door and your door causes an accident with a car driving by, guess who was 100% wrong, the person opening the door. that happened to my friend. Ever hear of the one where you cant back out of a driveway, and you cant back into a driveway, if an accident happens your in the wrong.

salimshah

You are soliciting opinions, and other than discussion they have no value.

The things that matter are:
1. Police report [specially if one or both parties are ticketed for what ever reasons [negligence etc].
2. What the two insurance companies decide.
3. If any party is not happy with 2 above, they can take it to the court.

Salim

arnieosp

iTrader: (1)

Let me make sure I have a clear picture: it was not a parallel parking, right. If the vehicles were parked at an angle to the curb, I would say it is truck's fault. He was the one backing out AFTER the door of the car next to him was open. I would take it to the insurance company and let them fight it out. If your friend is concerned about his insurance going up, they will not raise his premium unless they pay out. So, if the insurance co rules against him, he could just pay for the repair himself and that would prevent premium increase.

mandyfig

Wow, I am surprised at all the speculations...what is the goal of his query?

He-she should have stated the null hypothesis, then we can all accept or reject.

RXSF

I agree that it should not be your friends fault. reasoning is that the moving vehicle has full responsibility if he is hitting an immobile vehicle.

example: hitting a illegally double parked car is still your fault.

salimshah

Joining discussion ...

Unless the truck driver admitted his/her fault and has not changed the story .


The things are not so cut and dry, as it involves a movable door in the path of the other vehicle.

Playing devil's advocate ...

Unless it can be proved that the accident was a willful act, the other driver moved his truck after making sure the door is not in the path. By some means [wind, spring, friend] swung the door [by accident] into the path of the truck.


Switching gears ...
From the looks of it the insurance companies want to settle it by spreading the loss.

What would I do:
Get an estimate and then decide. I would not make it a matter of making a stand based on 'principle'.

Salim

badbeatjay

Thanks for your opinions guys. Here's the update on the situation. They day of the accident, the guy admitted fault and apologized to my friend. He has since changed his mind and decided to say it was 50/50. He is saying that he only has $250 in damages while my friend has $1200.
I'll try to paint a clear picture of what happpened. They were parked next to each other in a parking lot in seperate stalls. My friend opened his back door to load his shopping bag. The other car started its engine and began to back out. Normally, the rear bumper would just hit the tip of ther other car's door however, in this case, the guy had a big truck with oversized wheeels. As he was backing out, my friend's door got caught between his tire and the wheel well.
My friend pretty much decided to not report the accident as he does not want his insurance going up. His insurance broker is a family friend who thinks it's probably going to go 50/50.

salimshah

If it was a private parking lot [typically grocery store and mall parking lots are private] ... exception is parking on street which is city serviced, the cops would not get involved.

We are back to what the insurance companies agree to and the court system if any one feels they have been wronged.

Please correct my understanding below ...
So it seems your friend would get about $725 in 50-50. So how does the deductibles work ... assuming your friend has $500 deductible [do the insurance companies half the deductible? In 3 party fault, you dont pay a dime].

Salim