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Parking lot accident: scraped car door as it was being opened

Discussion in 'Auto Accidents, Injuries' started by pigsinzen, May 9, 2014.

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  1. pigsinzen

    pigsinzen Law Topic Starter New Member

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    I'll ask the same question two ways.

    1. As I was pulling into one of the diagonal parking spaces in front of the high school, the man in the parked car in the space to the right flung open his car door and it scraped against my front fender leaving a 2 inch mark or door ding. He was so rude and didn't apologize for it. When I asked him for his drivers license and insurance, he said he wouldn't give me his drivers license but he did gave me all his insurance info. The police said it was a no fault accident and to exchange insurance with the other driver and let the insurance companies figure it out. Is it really no fault when he should have been paying more attention? Should I file a report with my insurance company to have him pay for it.

    2. I was parked in one of those diagonal parking spaces in front of the high school, and as I was opening my door this women in a Mustang swooped in to the space next to me and scraped my door with her front right fender. I thought she was going cut my leg off. Then she gets out and squeezes in between our two cars and says it was my fault for hitting her car and asked for my insurance and drivers license. My door had a little scratch on the edge of my door, not on the outside of the door, and her fender had 2 inch scratch that could easily be buffed out. The police said it was a no fault accident and to exchange insurance with the other driver and let the insurance companies figure it out. Is it really no fault when she should have been paying more attention? I didn't even bother with her insurance info, but should I call it in to my insurance company just in case?
     
  2. army judge

    army judge Super Moderator

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    Last edited: May 9, 2014
  3. army judge

    army judge Super Moderator

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    First off, it wasn't an accident.
    It might be considered malicious destruction of property, or vandalism.

    Texas isn't a no fault state, so you can disregard that no fault nonsense.

    It happened on PRIVATE property.

    You can work with your insurance carrier to get your car repaired.

    If you work through his, they'll simply deny your claim.

    In the end, you might have to go to small claims court to attempt to PROVE what happened.

    So, report these incidents to your insurer and see what they have to say.
     
  4. Betty3

    Betty3 Super Moderator

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    Always start by notifying your car ins. company.
     
  5. jamieharris

    jamieharris Banned

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    That would not really be considered an accident imo. But destroying of property rather. Contact your insurance company as they would help you the most.
     

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