Home and Auto Who's at fault?

**mikeyis4dcats.** · 04:41 PM

Okay, yesterday I went out to dinner and as I pulled into the parking space, the guy next to me opened his door. He did not begin to open his door until I was already halfway into the space, and his door caught my door handle and ripped it out of the door. It also dented the door and damaged the paint.

Initially he took all responsibility, and indicated he happens to work at the Mercury dealer's bodyshop, so he would call and order the parts ASAP and get it all taken care of. He repeatedly apologized and said he was going to take care of it without his insurance.

Today he calls me and now he's talking about how we were both at fault. I told him I have no intention of sharing the financial reposibilities, as he opened his door without looking into my car. I could see his point had he opened his door and I hit it, but he hit me instead.

I'm thinking now maybe I should file a police report and get his insurance info just in case he flakes out.

What say you?

**Saulbadguy** · 04-13-2009, 09:34 AM

I'd say there is no fault.

Reerun_KC · 04-13-2009, 09:35 AM

Would file the report and get his insurance info....

**mikeyis4dcats.** · 04-13-2009, 09:35 AM

Quote:

Originally Posted by Saulbadguy

I'd say there is no fault.

Why do you say that? His negligence caused me to incur loss.

Mr. Plow · 04-13-2009, 09:45 AM

Quote:

Originally Posted by Reerun_KC

Would file the report and get his insurance info....

I tried the "nice guy" approach one time in a minor fender bender. I nearly ended up with all the bill when it was his fault.

Won't do it again. Call police, file the report and be done with it.

PS....don't wait for him to file the report first.

Chief Pote · 04-13-2009, 09:49 AM

So what he's saying is that if he opened his car door while parallel parked as you were traveling down a roadway, and you hit his door it would be both of your faults? Yeah right!!! Road versus parking lot NO difference.

Several years ago, some guy opened his door and ding the side of my car, I called the cops and made a report, he paid.

CoMoChief · 04-13-2009, 09:51 AM

Quote:

Originally Posted by mikeyis4dcats.

Okay, yesterday I went out to dinner and as I pulled into the parking space, the guy next to me opened his door. He did not begin to open his door until I was already halfway into the space, and his door caught my door handle and ripped it out of the door. It also dented the door and damaged the paint.

Initially he took all responsibility, and indicated he happens to work at the Mercury dealer's bodyshop, so he would call and order the parts ASAP and get it all taken care of. He repeatedly apologized and said he was going to take care of it without his insurance.

Today he calls me and now he's talking about how we were both at fault. I told him I have no intention of sharing the financial reposibilities, as he opened his door without looking into my car. I could see his point had he opened his door and I hit it, but he hit me instead.

I'm thinking now maybe I should file a police report and get his insurance info just in case he flakes out.

What say you?

He admitted fault. He's at fault. Get a police report though to get his insurance info. If he flees you're ****ed and would have to go under your policy if not wanting to pay out of pocket. I'm a auto claim rep, I work this kinda shit everyday. Right now currently actually.

**Scorp** · 04-13-2009, 09:51 AM

Quote:

Originally Posted by ChiefPote

Road versus parking lot NO difference.

Bullshit. Parking lot is private property. Makes a huge difference in the laws.

**mikeyis4dcats.** · 04-13-2009, 09:52 AM

Quote:

Originally Posted by ChiefPote

So what he's saying is that if he opened his car door while parallel parked as you were traveling down a roadway, and you hit his door it would be both of your faults? Yeah right!!! Road versus parking lot NO difference.

Several years ago, some guy opened his door and ding the side of my car, I called the cops and made a report, he paid.

Well the biggest thing is if I had pulled into the space and hit his opened door, I would accept fault. However in this case, he opened his door after I was pulled in, after my side mirror passed but catching my handle.

Pants · 04-13-2009, 09:56 AM

**Buehler445** · 04-13-2009, 10:00 AM

Suck dude. Usually it is best to just get the police there and get the report done. As my insurance company won't do anything without it.

have you gotten an estimate on it?
Posted via Mobile Device

**mikeyis4dcats.** · 04-13-2009, 10:03 AM

Quote:

Originally Posted by Buehler445

Suck dude. Usually it is best to just get the police there and get the report done. As my insurance company won't do anything without it.

have you gotten an estimate on it?
Posted via Mobile Device

no, just happened yesterday evening. Think I'll run by at lunch and fill out an accident report and get it looked at.

**Buehler445** · 04-13-2009, 10:05 AM

Quote:

Originally Posted by mikeyis4dcats.

no, just happened yesterday evening. Think I'll run by at lunch and fill out an accident report and get it looked at.

Yeah. I don't think he'll "get it taken care of"
Posted via Mobile Device

BWillie · 04-13-2009, 10:35 AM

Depends on what he tells his insurance company. Depends on exactly how the abrasions look like on your vehicle. Is his door operable? It doesn't sound like his door was ripped off or jarred outward towards the hinges. If the loss happened the way you tell it, it was obviously his fault. But the only thing he has to do is tell his insurance company he left his door open over 5 seconds and they will most likely find you to be at fault.

In 99% of all cases, police will not come out to this loss. Hell, in most states, they will not even come out unless someone is hurt. The police simply do not give two shits about civil cases, especially fender benders.

If he tells his insurance company I had just opened my door and did not see the vehicle coming and felt a jolt...they will find him to be at fault.

If this was on a street and he was parallel parked it would be more clear, but he could still just say he had his door open for an extended period of time and you just didn't see it. Sometimes insurance companies will spin it that your vehicle was going at such a low rate of speed you should of saw his door opening and been able to prevent it. Based on your scenario, I don't think there was anything you could of done because you were already into your space and the damage is on the side of your car, and not towards the front bumper and fender.

Any other questions?

patteeu · 04-13-2009, 10:36 AM

Quote:

Originally Posted by mikeyis4dcats.

no, just happened yesterday evening. Think I'll run by at lunch and fill out an accident report and get it looked at.

Good plan.

04-13-2009, 09:32 AM
mikeyis4dcats. Scarlett Johansson's boytoy Join Date: Nov 2006 Casino cash: $9555998	Who's at fault? update - mikey gets f%$ked, and not in a good way Okay, yesterday I went out to dinner and as I pulled into the parking space, the guy next to me opened his door. He did not begin to open his door until I was already halfway into the space, and his door caught my door handle and ripped it out of the door. It also dented the door and damaged the paint. Initially he took all responsibility, and indicated he happens to work at the Mercury dealer's bodyshop, so he would call and order the parts ASAP and get it all taken care of. He repeatedly apologized and said he was going to take care of it without his insurance. Today he calls me and now he's talking about how we were both at fault. I told him I have no intention of sharing the financial reposibilities, as he opened his door without looking into my car. I could see his point had he opened his door and I hit it, but he hit me instead. I'm thinking now maybe I should file a police report and get his insurance info just in case he flakes out. What say you? Last edited by mikeyis4dcats.; 04-13-2009 at 04:41 PM..
Posts: 12,526

04-13-2009, 09:34 AM	#2
Saulbadguy When a nightmare becomes real Join Date: Nov 2003 Casino cash: $2636966	I'd say there is no fault. __________________ http://www.goemaw.com
Posts: 46,965

04-13-2009, 09:35 AM	#3
Reerun_KC Rock Chalk Jayhawks! KU!!! Join Date: Aug 2005 Casino cash: $8301160	Would file the report and get his insurance info....
Posts: 934

04-13-2009, 09:49 AM	#6
Chief Pote Veteran Join Date: Jan 2006 Location: Undercover..... Casino cash: $8322638	So what he's saying is that if he opened his car door while parallel parked as you were traveling down a roadway, and you hit his door it would be both of your faults? Yeah right!!! Road versus parking lot NO difference. Several years ago, some guy opened his door and ding the side of my car, I called the cops and made a report, he paid.
Posts: 3,460

04-13-2009, 09:56 AM	#10
Pants Time Keeps On Slipping Join Date: Sep 2004 Location: Overland Park Casino cash: $5699900	__________________ "Turn the channel to 26!"
Posts: 27,294

04-13-2009, 10:00 AM	#11
Buehler445 Supporter Join Date: Apr 2007 Location: Scott City KS Casino cash: $2314734	Suck dude. Usually it is best to just get the police there and get the report done. As my insurance company won't do anything without it. have you gotten an estimate on it? Posted via Mobile Device
Posts: 56,785

04-13-2009, 10:35 AM	#14
BWillie Future NBA Finals MVP Join Date: Apr 2006 Location: Earth Casino cash: $2431241	Depends on what he tells his insurance company. Depends on exactly how the abrasions look like on your vehicle. Is his door operable? It doesn't sound like his door was ripped off or jarred outward towards the hinges. If the loss happened the way you tell it, it was obviously his fault. But the only thing he has to do is tell his insurance company he left his door open over 5 seconds and they will most likely find you to be at fault. In 99% of all cases, police will not come out to this loss. Hell, in most states, they will not even come out unless someone is hurt. The police simply do not give two shits about civil cases, especially fender benders. If he tells his insurance company I had just opened my door and did not see the vehicle coming and felt a jolt...they will find him to be at fault. If this was on a street and he was parallel parked it would be more clear, but he could still just say he had his door open for an extended period of time and you just didn't see it. Sometimes insurance companies will spin it that your vehicle was going at such a low rate of speed you should of saw his door opening and been able to prevent it. Based on your scenario, I don't think there was anything you could of done because you were already into your space and the damage is on the side of your car, and not towards the front bumper and fender. Any other questions? __________________ Who wants free money? Use the link below to sign up at Bovada, BetOnline, Black Chip Poker and Ignition. Contact me for private deals, spot bonuses, possible rakeback or any questions! Bovada, Ignition, BetOnline, Black Chip Poker: baldeaglepoker.com Bovada Poker is back! Get up to $500 poker deposit bonus.
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