by bboyneko 25 Replies latest jw friends
Yeah getting 'doored' is very common. But that's when a door is opened into a traffic lane. I think I will win this case on my door. Hopefully the video will show how fast this guy was going and the already-open passenger door.
hopefully he has a criminal record too :)
I would think that if car C pushed car B into your door, then car C is responsible. Then car B couldn't help it I suppose.
I think you'll win easily.
Never Squat With Yer Spurs On
Hi Bboy,
I live in PA and work in court quite a bit and I can tell you that the other driver is at fault, or more at fault. The insurance companies should battle it out and perhaps you should add collision on to your policy in the future, but if there's that much money at stake, I would fight it out.
Diana
Question.....did you report this accident to the police? If there is a police report, it would definitely help your case. I'd say that Car B is at fault, but dealing with insurance companies is tough.
There was no Car C, it was just for speculation. As for collision coverage, the bluebook value of my car dosent justify collision. It's worth about $3000 and the advice ive been given is that collision is not a good idea for such low value.
re: the car pushing ...
In the UK, if there is a multiple car collision (ie. several cars in a row get shunted forward each hitting the car in front) then each car has a claim against the one that hit it. The guy at the fron claims off the one behind but, he can claim off the one behind him who shunted him forward who can claim off the one behind him (and so on)
Still reading, but...
There is an obscure law in California that goes to the effect of "...
shall not open the door of a car (parked?) when it is unsafe to do so...". I've know of this one to be enforced, on occasion. At least you are in Maryland.
Well, BOTH parties could be cited in this instance. I tend to favor those who said ".. the moving vehicle..". Yes, that one usually gets the attention/blame/etc.
Since the advent of 'no-fault' NEITHER party might get cited, however. In fact, in California, the police frequently will not even respond if it is only a 'fender-bender'. I have literally had this tele-con: "... Anybody hurt? No; get the other parties info & have a good day".
Another thing that California is good at: TOTAL REVERSAL of some law over the period of a few decades. Jaywalking was acceptable here in the 70's?, but is now technically back on the books.
Storal of the morey?? This stuff can be all over the place, so check with a lawyer!!!
Mustang
exactly..was it safe to open the door when my car was parked? Was it safe to open it into another spot? The kicker is the passenger side door was open and did not extend into the other spot..it didnt go past the parking boundry. The other car shouldnt even have hit it, but he did. Again, ill try to settle out of court otherwise im gonna try to get as much cash as possible out of that stupid insurance company.
p.s- I looked up the cost of a new door, it is about $2,500 plus labor, cost of a new door frame is $1000 plus labor :)
bboyneko said:
exactly..was it safe to open the door when my car was parked? Was it safe to open it into another spot? The kicker is the passenger side door was open and did not extend into the other spot..it didnt go past the parking boundry. The other car shouldnt even have hit it, but he did.Ex-ACT-ly!
The "obscure law" that Mustang mentions is true in a lotta states -- but it applies to opening a door INTO TRAFFIC the assumption being that you should use your mirror before opening a door.
Your door was already opened!
And I wouldn't settle out of court, even if I didn't have liability:
Again, ill try to settle out of court otherwise im gonna try to get as much cash as possible out of that stupid insurance company
Did the police respond? If so, you have the weight of the police (or "MALL SECURITY") report to buffer your case.
Keep the Faith
RAY
I agree with everyone who said that the moving car (B) is at fault.
A good tule of thumb is to ALWAYS call the cops if there's an accident. If you haven't called them yet, do it now.
Even if they tell you it's your fault (that happened to me once -boy, was I surprised!) the cop serves as an impartial witness to the extent of damage and maybe even "injuries." Cops really are your friends, unless they're shooting you.
If Maryland is a "comparative negligence" state, the insurance companues will decide on asplit, with the majority of the fault lying with the operator of the moving car, who is required to have his vehicle under control at all times.
As for the collision insurance, the advice you got neglected to mention that if your car is worth $3K and you have no collision, you'd better have $2,999 in the bank to make your "bet" worthwhile. What if you were hit by an ununsured motorist?
Get the advice of The Honorable Mr. Naeblis, Esquire - he's a Watchtower attorney!
