Ask an Attorney a Question for FREE!

Who would be at fault? Car door open when vehicle hits it

by Deanne

We were stopped and opening our car door in a church parking lot to get out.

A car pulling into the parking space next to us, hit our open car door.

Would they be at fault for not seeing our door opening, or us for not seeing the car coming?

Who's insurance should pay?

Thank you for your.

Answer to Who would be at fault? Car door open when vehicle hits it

Hello Deanne,

There is not enough facts here to be able to give you a meninful answer.

You are correct by stating that both vehicles have duties. One vehicle / driver has a duty to ensure it is safe to load and unload passengers. On the other hand, vehicles pulling into a parking spot must ensure that it is clear and safe to do so.

If the door was being open, then the person opening the door may have liability. But if the door was cearly open and a passanger or two had already exit the vehicle, then the vehicle pulling in the parking stall will probably be liabile.

Please see our action about fault.

Good Luck,

Car Accident Claims.

Click here to post comments

Join in and write your own page! It's easy to do. How? Simply click here to return to Got Questions?.

Please see more answers to recent personal injury and auto accident questions below:

For a Free Review of Your Case
Please Call (866) 878-2432