mvjoylyn

Who's at fault?

4 posts in this topic

This past Saturday I parked with no cars on either side of my vehicle. I opened my door and started to exit when I saw a car starting to pull in it didn't appear to stop. I started closing my door, it was also a windy day, I wasn't able to close it on time before the drivers vehicle hit the side of my door causing my door to scrap the side of his passenger door. The driver still didn't come to a stop, I waited for the driver to finish parking when he came out of his vehicle he said he didn't see me and didn't think anyone was inside my vehicle. He told me he just drove into town and was late for an appointment and didn't seem to care about his damage. He started to walk away and I walked along side him and provided him my information and he took off and didn't give me any of his information. I spoke to an officer who told me its private property and he can't take my statement and I would have to wait for the other driver to contact my insurance. A few days pass and my insurance calls saying the other driver filed a claim saying he was fully parked when I swung my door open. My insurance said that I am at fault since my door hit his car. I asked how when my door was already open and there was no car beside me I had already started to exit my vehicle when he started pulling in. As soon as I saw him I went to close my door and he never stopped to allow me enough time to close my door fully. My question is who is at fault? I read the law in NV and it does say you're not supposed to open your door if it's not safe, but at the time I opened my door there was no vehicle so how am I supposed to predict that a vehicle would start to pull in and not allow me enough time to close my door so it's safe for him to continue to proceed.

Share this post


Link to post
Share on other sites

Certainly you can argue with you claims rep that the other driver hit a door that was already open and that your opening the door could not have scraped the other car unless it was in motion.  However, if the agent decides to pay the claim anyway there is nothing you can do about it.

akulamasusu likes this

Share this post


Link to post
Share on other sites

Sorry, but the presumption is that you opened the door when it wasn't safe to do so.

 

When the statements of the two driver's conflict and there are no independent unbiased witnesses, the presumption stands and makes you at fault.

 

 

Share this post


Link to post
Share on other sites

 

14 hours ago, mvjoylyn said:

who is at fault?

 

Well...we have only your description of the events, which, not surprisingly, compels the conclusion that the other guy was at fault, but that that's pretty meaningless since the other driver's description apparently differs significantly from yours.

 

If you can't convince your insurer to change its determination, then you can file a complaint with the Nevada Division of Insurance.  You can also sue the other driver and the court decide the issue.  If you think you may sue, I suggest you do so before your insurer makes a payment to the other driver.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now