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?

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

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...

Full Bio →

Written by

UPDATED: May 14, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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.

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and FreeAdvice.com AS IS. It has not necessarily been reviewed by the management staff of FreeAdvice.com nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although FreeAdvice.com has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on AttorneyPages.com to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption