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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Hit By a Car Door in a Parking Lot

    My question involves an injury that occurred in the state of: Mississippi

    Quick question, My wife was going to lunch today and was pulling into a space in a clearly striped parking lot. There was a car already in the spot next to her that was parked with three teenage to early 20's aged girls in the car. The female in the rear seat of the four door car opened the door to get out and the door struck my wife's suv in the fender toward the rear of the front wheel. There is minimal damage on my wife's SUV and really minimal damage on the girl's car. Her door was just slighly bent back on the edge of the door. It closed fine.

    She called me and I came to where the accident was and took pictures. She then told me that the girls mentioned that she could compensate her for the damage in the parking lot and she refused. I praised her for not doing that and also not doing nothing more than exchange information. There were no witnesses other then the other two parties in the other car due to the location in the parking lot.

    Who does it look like is at fault here? I know I'm a little biased but it appears that the girls are at fault in the car because she didn't make sure it was clear before she opened the door onto the side of the SUV.

    Thanks in advance.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    12,432

    Default Re: Hit By a Car Door in a Parking Lot

    I would say both the girl and your wife are liable. Your wife did not exercise due caution, while parking. Next time, she should tap the horn.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  3. #3
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Hit By a Car Door in a Parking Lot

    I've been in a car-car-door accident where my wife was the driver here in NY.

    In my case, she was driving by, low speed in heavy traffic on a service road, some guy opened his driver side door at a parking space into traffic, his door hit our right side mirror denting the edge of his door in a low velocity collision, The door edge I can see was slightly damaged, but he can still close the door while my side view mirror was pushed back maybe half an inch, not really noticeable.

    The guy got really angry and demanded my wife settle with him right then and there for $200.00, because he doesn't want his insurance going up. I jumped up and said no, because from prior experience of friends, I know the moving car has the "right of way", and opening a door into traffic is impeding someone's right of way. After I jumped out of the car, he started yelling, and asked me if I was going to pay or start a fight. On hearing that, I took my jacket off, threw it on the ground, told him, you're not getting paid, so I guess we'll fight, putting up my fists.

    Just then, as we were a block from the hospital, an ambulance passed by, two paramedics rushed out and separated us.

    I filed the claim with my insurance. Had a talk with my agent later who told me that this guy wouldn't even believe his own insurance agent who told him he is at fault and couldn't collect anything. He still says our car ran into his door. After he insisted my insurance pay him, my insurance company's legal department finally sent him a letter, with a copy to me saying that he is legally at fault, we had the right of way, and he should be paying me for damages to my mirror. Told him that we will sue him.

    Unfortunately, fixing the mirror with no noticeable damage was below our deductable, and my wife was not willing to go to small claims, spend an evening to sue for it, and she figured if I went with her, I'm going to start another fight with this guy at the courthouse. I was all fired up to punch this guy out.

    In your case, if your car was pulling into the space, the person in the next space opens the door into you, especially into your parking space, as you are driving in, you would have the right of way. Normally, it would appear that you ran into his door, which you didn't. However, I would leave it up to my insurance to settle it.

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    12,432

    Default Re: Hit By a Car Door in a Parking Lot

    I disagree with the previous post. When you are operating your vehicle on a road, there are clear legal expectations regarding the actions of other vehicles. These expectations are not necessarily prevalent in parking lots.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

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