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: May 14, 2012

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Insurance Question from Denver, CO

Asked on 05/14/2012

Who is at fault if someone is pulling into a parking spot and another car has its door half open and swings the door open and hits the car pulling in? NULL

Answer given on May 17, 2012

An auto accident involving parking spaces can be very difficult to determine fault. If the door was open when you were pulling into the space, then it is usually determined that the moving vehicle is responsible. The continued opening of the door complicates the incident, since the one opening the door should be taking care when opening the door.In this case, you will probably be better served to turn the claim into your insurance company and let them determine, through statements and investigation, as to who is at fault. This could easily be considered a mutual fault loss where each party would be considered proportionately responsible. It may be determined that each party will pay for their own damages. This could also end up in arbitration. Much of this will be determined by the amount of damages. If the damage is under your deductible, your insurance company may not get involved and could simply deny the damages to the other car.


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