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  1. #1
    Join Date
    Jan 2016
    Posts
    1

    Default Hitting an Open Car Door on a County Road

    alter work 11pm I was driving on a county road when I just notice a parked car with no lights on and just notice that the drivers doors was open I swerved but still hit it.

    we called the sheriff and he took are info I over heard him telling the other driver that he was at fuilt for leaving his door open in a traffic lane and for having no lights. The officer did not tell me that I was at fuilt

    I contacted both of are insurance to tell them that I was in a accident. after a couple of days i contacted the other drivers insurance to see about getting my truck fixed and they said I was at fuilt for hitting a parked car. I asked if they had a police report they said no.

    I am waiting for a police report to verify that I was not a fuilt.

    Any advice would help

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Hit Open Car on County Road

    You are generally at fault when you hit a parked car. Given your description you might be able to shift some fault onto the other party, depending on facts not presented, but generally speaking, yes, you are at fault.

  3. #3
    Join Date
    Oct 2014
    Posts
    8,150

    Default Re: Hit Open Car on County Road

    The insurance companies are not bound by the police officer’s assessment of fault and moreover the police officer would not be able to testify regarding this as he did not witness the accident. You were the only witness, the other insurance company has your statement, and that’s really all it needs to make its determination of fault. If you really think that the other guy was at fault here you’d need to sue him for your damages. If you win, the insurance company will pay the judgement for the other driver. Note that the other driver would be represented by a lawyer from his insurance company; you’re on your own in getting a lawyer to represent you and in most states you cannot get the other guy to pay your legal fees if you win, so unless you win more than your legal fees its not worth doing.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Hitting an Open Car on a County Road

    You need to follow the instruction to identify your state. Some states have statutes that directly address this issue.

    It's also possible that the other driver's adjuster was looking at a claim that said that you hit a parked car, not that you hit the open door of an unilluminated parked car, with that door extending into the traffic lane at night.

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