a man hit my doors while i was loading my son in his car seat and took off. His insurance company is blaming me. why is it my fault if he hit me?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Dec 10, 2012

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Insurance Question from Oxnard, CA

Asked on 12/10/2012

a man hit my doors while i was loading my son in his car seat and took off. His insurance company is blaming me. why is it my fault if he hit me? NULL

Answer given on December 11, 2012

If your car is hit by another driver while your door is open, the other insurance company should accept responsibility for the damages. You say the other driver took off, so it is uncertain how you know who his insurance is with. If he left the scene of the accident, you can report the incident to the police which will complicate his standing in the claim.If you were in the process of opening the door when your car was struck, then the fault of the accident is yours. You must be sure the area is clear before opening a door. However, if the door was already open, then the other driver is responsible to take care and not strike the door.Try to discuss the claim with the other insurance company and ask for a supervisor. If they still deny the coverage, you can report it to your insurance company which will pay for the damages, less your deductible and will then go after the other insurance company.


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