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Brother got into a fender bender.. who's at fault?

J

jfall

Diamond Member
My younger brother was driving my parents new 2003 dodge caravan that other day. He went to a resturant with a couple of friends. He pulled into a parking spot beside this guys car, the guy opens his door when my brother was half way into the spot. The door caught on the side sliding door of our van and dented and scratched the whole sliding door. About $1,500 damage. The guy's insurance company is trying to say it was my brothers fault and our insurance company is saying its the other guys fault. What do you think?

It should be the other guys fault right? he is the one who opened the door while another vehicle was pulling into the spot beside him
 
They were opening the door without checking..unless they started opening the door before the van was turning into the parking space, it's not your brother's fault. IMHO, anyways.
 
unfortunately your brother is at fault since his vehicle was still moving (you said was halfway in the spot)
The insurance company will more than likely make the higher percentage of fault on your brother.
 
Comparative negligence. Both sides are at fault. The adjustors from your company and theirs will figure it out what percentage.
 
Originally posted by: TwinkleToes77
unfortunately your brother is at fault since his vehicle was still moving (you said was halfway in the spot)
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The door opened into the van..he didn't hit it..how is he at fault?
 
Both are at fault, the guy who was opening the door without looking to make sure everything was clear, and your brother for not making sure the spot was clear of all obstacles before he pulled in.
 
You'd think that if the door was already opened before my brother pulled in, then the front of the van would of hit the door and not the side?
 
It's the guy opening the door's fault. If your brother was already moving into the spot.

Something like this happened to me, only my door was already open and a lady came flying in in her van and smashed my door to hell. Luckily I didn't have a leg out or I would have lost it.

amish
 
Both are at fault, the guy who was opening the door without looking to make sure everything was clear, and your brother for not making sure the spot was clear of all obstacles before he pulled in.
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Ya, but it was cleared when he started to pull in, then the guy opened the door when he was half way in.
 
Originally posted by: rbloedow
Both are at fault, the guy who was opening the door without looking to make sure everything was clear, and your brother for not making sure the spot was clear of all obstacles before he pulled in.
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There was no obstacle when he pulled in! I don't know about you, but I can't predict when somebody is going to open a door...
 
Originally posted by: jfall
Both are at fault, the guy who was opening the door without looking to make sure everything was clear, and your brother for not making sure the spot was clear of all obstacles before he pulled in.
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Ya, but it was cleared when he started to pull in, then the guy opened the door when he was half way in.
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Hey - did you edit your post? I thought it said something about the front bumper.
 
On one hand he hit a stationary object while driving. That's a collision loss and is covered under his collision coverage for the damage to his new van. The liability will pay for the damage to their car.

On the other hand, they had the obligation to check to make sure the way was clear before opening the door, so they are partially liable.
 
My brother is really hopeing that it's not 50/50.. he just got his license a cople of months ago.. the insurance company says that with that on his driving record, his insurance would go up over $500 more
 
Originally posted by: jfall
Both are at fault, the guy who was opening the door without looking to make sure everything was clear, and your brother for not making sure the spot was clear of all obstacles before he pulled in.
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Ya, but it was cleared when he started to pull in, then the guy opened the door when he was half way in.
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Yes, but that's only assuming he was moving perfectly parallel to the parked car.
 
Originally posted by: jemcam
On one hand he hit a stationary object while driving. That's a collision loss and is covered under his collision coverage for the damage to his new van. The liability will pay for the damage to their car.

On the other hand, they had the obligation to check to make sure the way was clear before opening the door, so they are partially liable.
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The door wasn't stationary..it was opening.
 
Originally posted by: CadetLee
Originally posted by: jemcam
On one hand he hit a stationary object while driving. That's a collision loss and is covered under his collision coverage for the damage to his new van. The liability will pay for the damage to their car.

On the other hand, they had the obligation to check to make sure the way was clear before opening the door, so they are partially liable.
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The door wasn't stationary..it was opening.
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The parked car was stationary. If you hit anything inanimate in your car, it's considered a collision.
 
Hey - did you edit your post? I thought it said something about the front bumper.
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No, there was no damage to the front of the vehicle.. Just on the drivers side back sliding door. It seems almost impossible that the door was already opened when he pulled into the spot, otherwise he would of hit it with the front of the van. He was also driving straight into the spot, not turning into it
 
Originally posted by: jfall
Hey - did you edit your post? I thought it said something about the front bumper.
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No, there was no damage to the front of the vehicle.. Just on the drivers side back sliding door. It seems almost impossible that the door was already opened when he pulled into the spot, otherwise he would of hit it with the front of the van
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They you're right, the guy who opened the door is totally at fault.
 
Originally posted by: jfall
Hey - did you edit your post? I thought it said something about the front bumper.
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No, there was no damage to the front of the vehicle.. Just on the drivers side back sliding door. It seems almost impossible that the door was already opened when he pulled into the spot, otherwise he would of hit it with the front of the van. He was also driving straight into the spot, not turning into it
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Like I said above, only if he was perfectly parallel to the parked car.

Mark my words and post the results.
 
He said he was driving straight into the spot, not turning.. so hopefully that is what really happened. I guess the insurance adjusters are pretty good at figureing these things out?
 
Originally posted by: jfall
He said he was driving straight into the spot, not turning.. so hopefully that is what really happened. I guess the insurance adjusters are pretty good at figureing these things out?
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Yes, and they are familiar with case law which have already set precedents.

I think the brother driving the van is going to be found mostly at fault. He had a duty and obligation to be aware of anything going on in that parking spot prior to pulling into it. Most people would notice a car parked full of people and assume they may be pulling out, pulling in, or getting out of the car and would be cautious.

I'm afraid he'll lose.
 
It's not really the money to fix the damage or anything. He just doesn't want the record. If he is found out to be at fault at all, then his insurance will almost double. He was also suppose to be getting a job at a car dealership this summer and this might cause problems with that as well.

Tough one to call.. although I have a feeling that both with be partially at fault
 
Did the police come? ALWAYS have the police come and look at it. That way if the insurance company says it was X's fault you have what the police says to back you up.
 
Sounds a little like the situation I had a few years ago. I was in a multi-level parking garage, backing out of my space. A car came flying down around the corner, and (being unable to stop) tried to go around me. I was looking behind me the whole time and as soon as he came into view I stopped. He ended up scraping the side of his car against the back corner of my car as I was already out of the space on a 45-degree angle.

It was determined to be my fault, since I was backing up. No way in the world could anyone have anticipated someone driving 25 around a corner in a parking garage marked for 5mph. But the only thing that could be proven is that I was backing up and he wasn't. In your brother's case, I think it will be the fact that he was moving and the other car wasn't, making it his fault.
 
Originally posted by: Marlin1975
Did the police come? ALWAYS have the police come and look at it. That way if the insurance company says it was X's fault you have what the police says to back you up.
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IIRC, police won't come to private property to investigate parking lot accidents. They'll usually just mail a form to all involved.
 
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