Open door collision

J

Jmtz13

Guest
Jurisdiction
Texas
Hi I just wanted to know how would be at fault. We we're coming from a funeral service to the grave site. So we are all in a long line to get there. As we get there the front driver parks and I'm going to park next to him. While that the passenger opens her door and scraps my side. Nothing happened to their vehicle simce wasn't that close. She didn't get off only swung her door open. The stretch starts after my side mirror so she opened her door while I was already parking. Called their insurance and had them investigate and claim I was at fault and will not be paying nothing to repair. Shouldn't they have some blame since they should check for comin traffic knowing there is a long line of cars finding parking?
 
What you have to understand is that her insurance company is not your insurance company and owes you nothing until a court of law says so and says how much.

That being said, a person has a duty to open car doors when it is safe to do so. That she hit your car with it means it wasn't safe to do so and that's negligence which means she is liable for your repairs.

Unfortunately, my 35 years in the insurance industry isn't going to convince her insurance company to pay so you'll either have to use your own collision coverage and let your insurance company subrogate if appropriate or pay for your own repairs and sue her in small claims court.
 
You need to report this to your OWN ins. company. (though you could pay for repairs & sue other party for reimbursement but that can sometimes be a hassle & if you win in court, you still have to try & collect your judgment)
 
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