Advice on parking lot accident

by bboyneko 25 Replies latest jw friends

• 

  bboyneko

  In the following scenario, who is at fault:

  A parked vehicle (car A) has just parked. The driver gets out, and the passenger starts to get out a little after the driver does. Then another vehicle (car B) goes in to park on the spot to the right of Car A. Car B hits the open passenger side door of the Car A and dents it pretty badly so that it cannot close anymore.

  Did Car A have to watch for oncoming cars, or is the responsiblity to yield on Car B?

  Car B claims the door opened right in front of him and he didnt have time to avoid the collision. Car B claims the fault lies in the passenger. Car A claims the fault lies in Car B for not yielding.

  This occured in the State of Maryland. I have been researching Maryland Motor Vehicle Laws but so far have been unable to find any laws about opening doors of parked cars, other than opening them into traffic lanes.

  -Dan
• 

  expatbrit

  Snap opinion: when a moving car hits a stationery car, it is always the fault of the moving car.

  I have no legal expertise whatsoever.

  Expatbrit
• 

  peaceloveharmony

  i agree with expat, probably would be the fault of the moving car.

  i have no legal expertise either but i did teach driver's education for a year :P
• 

  revdrjohnson

  In MIchigan the driver of Car B would have been at fault, 'cause HE's supposed to be incontrol of his vehicle at all times -- sorta like if the driver in car A had been ahead of him in traffic and he hit Car A from behind.

  Keep the Faith
  RAY

  http://xjw-central.com/

  p.s., I drove a commercial vehicle for nine years . . .

  In MOST states the law will ALWAYS favor the owner of the stationary vehicle.
• 

  bboyneko

  Sort of off-topic, but what if the car that hits the stationary vehicle was pushed into it by another car?

  But anywasy, regarding this accident. I was Car A. The guy driving Car B claims the door opened right in front of him. I know it was already open, and mine had been open for a while. He went in that spot very fast, he was apparantly late for a parole hearing. His insurance company says its my fault. My insurance company says its not my fault. I do not have collision coverage, so I have to get the money to repair the door from Car B's insurance. Should I take him to small-claims court? repairing the door could cost $900 and up. If I can find motor vehicle laws on my side then it's a sure win, I may be able to settle out of court. Thanks for the advice guys.

  I was also thinking of obtaining parking lot camera footage since it happened in a district court parking lot.
• 

  LB

  Car B is at fault every time. You can't legally drive into another parked car no matter what.

  
  Never Squat With Yer Spurs On
• 

  peaceloveharmony

  my answer to off topic question, probably be the car doing the pushing at fault there.

  can't you get a lawyer to settle with his insurance co? of course his insurance and yours are not going to agree....

  sorry dude, hope it works out.
• 

  bboyneko

  LB, but out of curiosity...you are supposed to be in control of your car at all times ok. But what if you lose control of your car for something that is not your fault? Like if I push you, and you fall and make an elderly woman stumble and break her hip, are you liable or am I? I can argue you should be in control of your person at all times and shouldnt be pushing old ladies. But you were not in control because I pushed you.
• 

  detective

  I think the point of impact on car B might have some bearing on this too. An adjuster may be able to assess whether or not the door was open or opened into car B based on where damage to car B is.

  Normally I agree that stationary vehicles usually win out, I think I recall something about the opening the car door issue because it's quite a common fender bender. And, many bicyclists can tell you horror stories galore about it.
• 

  revdrjohnson

  Without any further information, I'd agree with Peacelove and soul ( I forgot to copy the correct name)

  The final arbitrer is which vehicle was moving.

  In a snow accident, for example, where a moving car slams into a LINE of cars and causes a chain-reaction crash the police will charge the driver of the last vehicle.

  Also, the driver of the stationary vehicle could NEVER be at fault because the offending violation is a "MOVING Violation," and his VEHICLE was not moving.

  Keep the Faith
  RAY

  http://xjw-central.com/