Who's Fault?

by Lisa
(Canada)

I was parked in the parking lot. Was opening the drivers side door, no one was parked beside me at the time then all of a sudden this car aggressively pulls in beside me hitting my door which is wide open.

No damage to my door but the front of the other car has some paint damage on the front bumper. I took photos of the damage as well as where her car was parked next to mine and the space between her car and my open door.

There was plenty of room between both cars as I was able to walk in between them with my door open.

Who is at fault here?

Answer:

Hello Lisa

It looks like you are in Canada, so you will have to determine what rules you must follow.

If your accident was in America, you would have to look at the specific state accident code. In most states, the person opening the door has the duty to look out and ensure there are no other vehicles around or that the door will cause a hazard.

However, if the door is already open, and it has been open for a while, then the vehicle pulling in or out must look out to make sure they do not hit the car. The problem will be the argument. You will argue the door was open, they will argue that it was not and you opened when they were pulling in.

You will need a witness to determine that.

Again, this is the analysis to follow in the U.S, but we are not sure about the application in Canada – which could be very similar, but we are not sure.

Good Luck
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