My open car door was struck by another car

I was parked on a public street in Idaho loading my infant daughter in the backseat of my vehicle. Several cars coming up from behind me were able to pass my car without going into the other lane.

My vehicle was then struck by a driver who also was on her cell phone causing my car door to slam shut on me seriously injuring my right shoulder.

I am being told that I am at fault and no attorney will take the case and Safeco is denying liability.

I am not able to find Title 49-607 where it states I would be at fault. From what I understand she came from behind me, I did not see her coming so she should be liable.

Answer:


Hello,

Well, there are not enough facts here to tell you if you are at fault. The following statements makes things a little hard for you:

From what I understand she came from behind me, I did not see her coming so she should be liable.

Even if you are unloading/loading, you have a duty to lookout, and have a duty to look. This could put negligence on your shoulders. Please see: http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

Good Luck,
http://www.auto-insurance-claim-advice.com