Collision question

[mago0]

I recently got into a minor collision at a parking lot and I am not exactly sure what to do. I was parked in a parking stall, vehicle was turned off and I was already stepping out of my car. My girlfriend had opened the passenger door but was still in the car looking for her ID and debit card. I did not see what happened exactly because I was walking out of my car, but somehow a pick up truck parking in the stall beside me on the passenger side collided with the open passenger door. The problem is neither me, my gf, or the pick up driver saw what happened. The rear wheels of the truck had a wheel well that stuck out about two inches around the top half of her tires. The wheel well on the trucks driver side was bent backwards from hitting the passenger door.

We exchanged information and agreed to get estimates from autobody shops. However, I am not exactly sure if we decided whose fault it was, and when it comes down to paying for repairs, who would be responsible?

Any ideas/suggestions/experience you can share?

[jeremyn]

im pretty sure in most cases accidents in parking lots usually settle 50/50.
I might be wrong but when my parents got hit by someone in a parking lot and it still went 50/50

[JRSC00LUDE]

I'm pretty sure that by parking your car where something unexpected could happen you ultimately have no one to blame but yourself.

Shame on you for not anticipating the unexpected and taking defensive steps to avoid it. Shame on you.

EDIT - once again, just some sarcastic spillover from another thread, don't let it worry your pretty little head. :)

[mago0]

Originally posted by JRSC00LUDE
I'm pretty sure that by parking your car where something unexpected could happen you ultimately have no one to blame but yourself.

Shame on you for not anticipating the unexpected and taking defensive steps to avoid it. Shame on you.

:(

[davechoi1973]

I had a accident at parking lot once.
I parked my car and engine was off. I was inside the car(waiting for my wife).
after few mins later a car behind my was backing out and hit my car. went to police station to report the accident so i can call my insurance company.
and that was 100% the other guys fault. my guess is because of my car wasn't moving. (police officer asked me if the car engine was on or off)

but your case is little bit different....
that door was left open. so the other guy could blame you for that too... (I think)
should call your insurance and ask about it.

[mago0]

If I do call insurance to ask what the procedure would be, am I then obligated to go through insurance for payment?

[Masked Bandit]

Originally posted by mago0
If I do call insurance to ask what the procedure would be, am I then obligated to go through insurance for payment?

Call your broker to confirm but being that you were parked and the other vehicle was moving, I'm fairly confident that the other party will be at-fault here.

With that said, I know there can be some funny rules with regards to open doors on parked cars.

403Gemini would be able to confirm one way or the other (I know you're in property now but you still know the answer).

[Masked Bandit]

Originally posted by jeremyn
im pretty sure in most cases accidents in parking lots usually settle 50/50.
I might be wrong but when my parents got hit by someone in a parking lot and it still went 50/50

That's one of the biggest myths about insurance. The reason so many parking lot accidents end up 50 / 50 is because quite often both parties involved are backing out of opposing spots.

[revelations]

Its 100% fault of the moving vehicle as the stopped/parked vehicle cant give right of way.

Now if you OPENED the door AS the truck was parking, then it would be 50/50 probably.

[teg_boya]

Originally posted by JRSC00LUDE
I'm pretty sure that by parking your car where something unexpected could happen you ultimately have no one to blame but yourself.

Shame on you for not anticipating the unexpected and taking defensive steps to avoid it. Shame on you.

EDIT - once again, just some sarcastic spillover from another thread, don't let it worry your pretty little head. :)

ya b_t :rofl: :rofl:

[88jbody]

if one car is in park in a stall parked properly and the other car is moving the car in motion is 100% at fault

50/50 is if both cars are moving,
unless one car is backing out from a stall then they would be 100%

[mago0]

Thanks for the suggestions guys, I called CPS to come over and take a look at my car to file a police report. I could not drive over to the station because my passenger door does not close. I will also call my broker to confirm who is at fault.