Question
Someone hit my partially opened door in a parking space
I was exiting my vehicle in a parking space when another car pulled in rapidly and hit my partially open door. Who is at fault? The person that hit me was traveling faster than a person can safely travel in a parking lot. After yelling at me that it was my fault, she then offered me cash rather than exchanging information. I insisted on exchanging information. I called the police to get a police report but they stated that they don't consider it a car crash because one car was parked. I've been reading that a lot of times the parked car is considered at fault. As a licensed insurance agent I was wondering if you could explain the rationale behind assigning blame to a parked vehicle. The vehicle that was moving should be at fault because a driver must maintain control of their car at ALL TIMES and she clearly was not in control of her car when she hit me. Thoughts?
Answer
This can be a tricky situation. Although we're both licensed insurance professionals, only a claims adjuster would be able to handle this so that is where I would take my question. However, in my experience, the owner of the parked vehicle is considered at fault in these instances because they have a responsibility to ensure the path is clear before opening their vehicle door. Again, that is my experience so I would contact your insurance company's claims department to verify. For more information, see our guide to claims and the entire claims process.
Insurance is complicated, but it doesn't have to be.
The Zebra searches all of the top insurance companies, in one place, so you can compare the cost and coverage you need to protect your car, home and other property.
Step 1: Tell us a little about yourself
Choose an insurance product and enter your zip code to get started.
Step 2: Sip your coffee while we find the best quotes
Enter the necessary information and then sit back while we find quotes from 100 top insurance carriers.
Step 3: Compare your quotes
Compare quotes side-by-side to find the right match for you, whether it's home, auto, or more.
Step 4: Let our agents do the hard work for you
Once you pick your policy, our agents are here to get you over the finish line. Then just relax and enjoy your savings.