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  1. #1
    Join Date
    Dec 2011
    Posts
    2

    Default My Open Door Was Hit While I Was Parked

    My question involves a traffic accident in the State of: california

    i opened my door in good faith and began searching in my middle compartment for my wallet for roughly 5 minutes and out of no where my door was hit and i had my feet planted on the ground the whole time. the guy came out the van with 6 or 7 other people :-/ and couldnt speak english i got his insurance info and both are insurance people viewed the damage i need a new 07 mustang door $2000 his insurance claims im at fault saying i opened the door into oncoming traffic which is false. my insurance says i could pay them $1000 deductable but i feel he should pay due to his neglegience. i mean i have ears i wouldnt open my door blindly into oncoming traffic the door was open well before he came down the street. and the sad part is the street is big enough where you can park on both sides and its a two lane street and low traffic. please giv eme advise. the guys adjuster saw my car and said that it wqould be paid for by them and that same day a lady from infinity said i wa sat fault and they would not pay she said that guy had no right to tell me that even though they sent him to look at the damage :/ here is a google map of the street 1447 w 84th pl, los angeles, ca 90047 as you can see he could have easily moved over slighlty if he sees my door is open i mean he could of ran me over driving that close to the cars heres pics of the damage
    http://pictures.sprintpcs.com/?mivt=...&shareName=MMS
    http://maps.google.com/maps?hl=en&gb...ed=0CBIQ8gEwAA

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: My Open Door Was Hit While I Was Parked

    Prove you did not open the door just before he drove down the street.

    Let your insurance pay for it and remember next time to close the door and enter from the curb side, where it is safe to do so.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: My Open Door Was Hit While I Was Parked

    So you claim you were sitting in your car with the door open for five minutes, he and his seven passengers all say that you opened the door in front of him and that he couldn't avoid hitting it, and his insurance cpmpany has found you to be 100% at fault?

    You can always give small claims court a shot....

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: My Open Door Was Hit While I Was Parked

    Normally, an open door is opened with the notion that it is safe to do so and those whose doors are hit are generally considered to be the party at fault.

  5. #5
    Join Date
    Dec 2011
    Posts
    2

    Default Re: My Open Door Was Hit While I Was Parked

    i wasnt sitting down more like bending over reaching in the compartment in the middle. the passangers didnt say anyhting they couldnt speak english they just gathered around me and started taking pics and speaking spanish amongst each other. both insurance companies find me at fault so i plan to go to small court next month becuase if i truely did it i would accept fault and be done with this crap. on another note i recieved a check for $648 from my insurance company but i never paid them the deductable so im clueless why the sent it to me any insight on that?

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: My Open Door Was Hit While I Was Parked

    They processed the claim, less your deductible and sent you a check for the repair. They are not obligated to agree with you, only uphold their contract.

  7. #7
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: My Open Door Was Hit While I Was Parked

    You don't pay them the deductible. You pay it to the shop when the car is repaired. If it costs more, the shop sends in a supplement to your company. This is your chance to negotiate a better deal with the shop or find cheaper and/or used parts. But you don't pay your company the deductible. They have a contract with you and they paid you what they owed. You are not required to repair the car. You could pocket the money if you choose. I don't recommend that.

    It is your fault. The appraiser/estimator from the other company does not have the authority to determine fault. This is common. You may look into having a votech fix your car. They do it in class and it's much, much cheaper, but it takes longer than a shop.

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