# Car fender bender:  who's at fault?



## Lessthanmighty (May 13, 2002)

Today my girlfriend got in a fender bender in the parking lot of our school.  I would like to know who is a fault, in your opinion.

The accident:

She was pulling into a parking space. Nothing special just a normal parking job.  The kid she was pulling in next to opens his door at the last second, causing her to smash into the door.  His door is compressed long ways. (I dont know how else to describe it) Her front right corner is smashed, the headlight is gone, etc.  So from what you have heard, who is at fault?  If you need more explaination please let me know.

Thanks
-Rick


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## Nummi_G4 (May 13, 2002)

I put myself in both of their shoes.  And I think it the guy's fault.  And even if it was your girlfriend's fault, I would still blame it on him.


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## RacerX (May 13, 2002)

Having been on the scene of many accidents and had my reports effect the out come, I would have to say that this is his fault. _He_ did not check to see if someone was parking, and _she_ could not have for seen his actions. Because the driver can not tell that a car door is going to open, it is the responsibility of the person opening the door to make sure that it is clear to do so.


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## twyg (May 13, 2002)

RacerX is on it.

By law he's "invisible" to her. If you were to walk out between two parked cars on a busy street and someone hits you it's your fault. Even though a pedestrian always has the right of way...

And how fast was she pulling in for chrissakes?

If she was doing 15 mph pulling in it's her fault for going too fast. The kid couldn't have seen her at all if she was going that fast.

Of course, pictures always help these situations. One persons "right front smashed" is different from another.

Sounds like he was being a doof though. (that's the scientific term for a numbskull)


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## nkuvu (May 13, 2002)

I'd have to say that I can't be sure from the given information.  For example, what car was he sitting in?  The reason I ask is that some cars (vans, for example) are very difficult to see someone in, while others are quite easy (small pickup truck).

There may be a legal precedent for this (like when you're rear-ended, it's automatically not your fault -- the other person has the responsibility to maintain a safe following distance).  But when driving down a side street with lots of parked cars and poor visibility, do you think it's appropriate to drive at 35mph?  It may legally be the pedestrian's fault for stepping out, but I feel that it's _your_ responsibility to be alert for just such an instance.

A similar example:  If I am riding my bike next to a bunch of parked cars, I am constantly scanning the parked cars to see if someone is about to open their door on me.  I don't care whose fault it might be, I just don't want it to happen.

From the sounds of the damage to both cars, it sounds like your gf might have been pulling in too quickly.  So the accident may legally be his fault, but I'd be surprised if she didn't get a ticket also (for something like reckless driving).

Again, this is based solely on the information given, and personal opinion.  I don't know the law in these matters at all.


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## Lessthanmighty (May 13, 2002)

The major concern is that this happened in a parking lot.  Insurance companies have been know to ignore these types of incidents.  They usually say that each person pays for their own car.  She wants to avoid this because she has liability only, so she wants to make sure that it is his fault.

They both were in normal sized cars.  She was in a Dodge Intrepid, it was red, very visible.  So he should have seen her.  He was sitting in the drivers side, he opened his door into her front end.  I dont know if he did it really quickly, and I dont think that she was pulling in that fast.  She is a real good driver, the times she drives when im with her, she follows all the speed limits all the rules.  She wasnt in a hurry either to get in to school, so there would be no reason for her to be in a hurry, and there probably werent any distractions that I know of.  Its one of those wrong place at the wrong time kinda deals.

Thank you for your opinions and thoughts in this matter.  If any of your points and suggestion come in handy in solving this matter I thank you again.

-Rick


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