Yours. There is no way for the other car to anticipate you exciting your vehicle, but you could have checked if a car was pulling in before opening your door.Answercorrect. the party needs to yield Right of Way. They entered into your lane of travel,
I beleive, whoever's car is moving (wheel-wise), is at fault.
The fault is at the person who opened the door. The person pulling in. They should of know you were coming out the car and waited then park.
Depends on the situation. If you signaled in advance and had room to pull out without interrupting the flow of traffic then the other driver is at fault. However if you did not signal and attempted to pull out without being aware of on coming traffic you are at fault.
If the facts are as stated in the question, then the driver pulling into the space would be at fault. HOWEVER - the other driver's defense will very likely be that YOU opened the door on THEM. Without independent, non-interested witnesses it is going to be almost impossible to prove fault one way or the other.
It depends. If they hit you with their door, it's usually their fault. If you hit their door with your car, it's most likely your fault. That said, the burden of ensuring the way is clear is ALWAYS on the reversing vehicle.
your fault since you opened your door. it just happened to me couple weeks ago.
The driver.Another View: It depends on the circumstances of the collision.If the door struck the side of the moving vehicle, then the person opening the door of the parked car is at fault.If the moving vehicle struck the open door of the parked car, then the moving car is at fault.
need more info however if you were in the process of parralel parking , had pulled up to the car whose door opened into yours and the other driver opened the door while you were backing up then they are at fault and must pay you. If they were illegally parked (ie too far from curb- check local law on the distance -usually up to 18 inches from curb-, in a handicapped parking spot and they didnt have a handicapped permit etc) they have to pay you. Generally if you are pulling straight into a parking spot , if they whip their door open while you are pulling in it may be a 50/50 fault , check with your local police dept on local law. If all else fails get an atty . good luck e
It would be YOUR fault UNLESS you can prove there is a manufacturing defect in the door. How you can prove that, I don't know.
Well if you were backing in and hit someone then it is your fault. But if they hit you, then it is their fault.
The driver of the other vehicle. You were moving and they were stationary, hence they didn't yield right of way to you. Chance are, the parking space was private property, so a citation wouldn't be issued. Laws in your state may vary.
depend where you were. if you were on the road, its your fault cuz its a road! 4 moveing cars for crying out loud! if it was in a parking lot, blame the driver who hit your door. your supposed to be parked in a parking lot! dahhhhhhh!
It can be called a 50/50 accident... ususally the adjuster can determine that.
Going ONLY by the information disclosed in the question - it would appear that the person who opend their door is at fault.
Well it depends. When the door opened, did it cross the line into the other parking space? If so, then the person who opened the door is at fault. If the door was open before they got into their car to back out, then they would be aware of it (therefor would wait until the door is closed before backing out). If they got into their car and then the person opens their door next to them, how can the driver be aware of that when they are focusing on the back of their car as they back out (most people turn around and look behind the car so they don't run a person over - not check for open doors).
Rule of thumb: if two cars are in an accident and only one of them is moving, it's the fault of the car that was moving.
Most likely it will be considered your fault.
The person driving the vehicles fault. Should have been paying attention and be alert for anything to happen at anytime.
if the car b pulls in out of no where and with out the signal is car b fault
I was pulling into a parking space at Walgreen's at about 1:30pm on 3/4/09 and a white 4 door 1996 Taurus gl was pulling
If there door was already open then you are liable for the damage. It does not matter if it is on private property.
The other driver's fault. He or she should have paid attention.Another View; IT DEPENDS. If you opened the door to a traveled lane and it was struck by passing traffic - YOU are the one at fault.
the person who shut the door plain a simple
I would say the person opening the door because that person should always take caution when opening a car door to make sure nothing is in the way (post, car, etc.) This just happened to me last night. I was a front seat passenger in my vehicle, my girlfriend was driving. We had an additional passenger in the back seat on the driver's side. I was the last one to exit the vehicle, and my door was already opened when another vehicle hit the door while trying to park. She broke the mirror on her car, and my vehicle sustained MINOR damage. She tried to get me to pay for the mirror, but the police, my insurance, and my attorney have all advised me that in Illinois, the vehicle in motion is responsible.
Insurance companies or the police might find either driver at fault or both. It could be said that the person opening their door should have checked first. It could also be said that the person coming into the space was driving too fast or watched for people opening their door.