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  1. #1
    Join Date
    Nov 2005

    Default Parking Lot Accidents

    I was pulling into a parking space with parked vehicles on both sides of the parking spot. As I was pulling into the spot the truck parked on my drivers side open the passenger side door enough to catch the side of my car. It caught my side mirror and ripped it off and also some body damage where the front fender and door meet. There was also white scuff marks from the truck starting from my front fender and continuing along side the drivers side door. She got out and just started to walk away before I had to call her back. She said that it was not her fault. Finally exchanged insurance info and I call my insurance at that time. I also later that day filed a police report and also called her insurance company, she had yet to call in a claim which I wasn't suprised, and made a claim. My damages are about $1000 which of course I don't want to pay. Of course my insurance deductable is $1000, dumb on my part I know.
    What I want to know is of course who is at fault here? what exactly are the rules, if there are any, of the parking lot?

  2. #2
    Join Date
    Mar 2005

    Default Parking Lot Accident

    It's a bit complicated, by the fact that you're dealing with a parking lot, but as a general rule the occupant of a car would be expected to check for traffic before opening the door of a car into the possible path of another vehicle. In a parking lot, it is harder to tell when somebody may be pulling into a particular spot, and the drivers of vehicles can be reasonably expected to know that the occupants of cars may well open their doors or step into a traffic lane, so there's an argument that can be made that you should have been on guard against this type of incident. How the insurance company would assess fault, or a judge if this goes to (probably small claims) court? It will depend upon the full facts and circumstances of the accident.

  3. #3

    Default door opening

    california vehicle code 22517 will tell you not to open the door unless it's safe.
    Go to small claims for $22

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