Boom: A Vehicle Pulls Into a Parking Space and Hits Your Open Car Door — Who’s in the Wrong, New England?
Ugh, the last thing anyone ever wants to deal with is car insurance after an accident. No matter what, we know our insurance rates are going up after all is said and done.
Usually, when we think of car accidents, we think of one car smashing into the back of another one at a stop light, or something happening while both vehicles are moving or backing out of a parking space. Regardless, we always stay alert to avoid a collision.
According to the website Insurance Hotline, there are universal rules already in place across the country. For insurance purposes, fault for a collision isn’t really in the hands of the police or the adjuster, rather they're following the universal rules to determine the type of collision and who's at fault. It's not always clear-cut, but for the most part, the rules are the rules.
Now, let's talk about who's at fault when a vehicle pulls into a parking space and hits an open car door just before that driver or passenger gets out.
According to The Law Place website, if you pull into a spot just as someone opens their door and you hit it, you're in the clear. I was surprised to learn this, but yes, the person opening the door is at fault and liable for the damages to both vehicles.
Now see, I would think the vehicle in motion would be at fault because they can see what's ahead of them, while the person opening the car door has some blind spots.
The Law Place says it's up to the driver and passenger of the parked car to do a full check in the mirrors and look for oncoming traffic to make sure it's safe before opening the door.
However, even this universal rule has stipulations. If the driver pulling into the parking space is under the influence, texting, or driving way too fast, they, too, could alter the outcome of who's at fault.
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