A car hit back door on opening | Who is at fault?

I was pulled over in a bay outside a school (20mph speed limit) a child had just opened the drivers side back door a jar when there was a sudden bang and a long scrape, the other car stopped 2 car lengths ahead, on getting out to look at the damage my rear door was pushed back about half an inch and wouldn’t close, hanging over to my drivers door which wouldn’t open.

The car that hit mine was completely dented with the paint scraped of down to the metal the complete length of the car.



Answer:


Hello,

Every state has regulations about loading/unloading and opening doors. Most of the time, the person opening the door must ensure that this does not happen and that no other vehicle is coming. Usually the duty is placed on that driver.

However, the vehicle coming must also see what is ahead and thus maneuver to avoid or simply stop. This may be a split fault issue.

For more about fault, please see:

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html



Good Luck
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