This type of claim can go either way. It could be said that the passenger should have looked before opening the door. It could also be said that the driver of the other vehicle did not have the right of way going around on the passenger's side. It is up to the insurance companies to decide. If you are getting resistance from the other driver to claim responsibility, you should make a claim with your insurance carrier and contact a car accident attorney immediately as the insurance carrier may not want to pay for the damages. Fisher & Associates in Colorado is proficient in these kinds of cases.
It the the persons fault who opened the door because they should be watching if a car comes. They should be more careful Most states have a law that blames the person who opened the door, it's just like pulling out into traffic. We have to look forst and yield right of way to on-coming vehicles.
If the parked car opens the door and passing car hits it, it is usually the responsibility of the parked car owner. There might be an exception to this if the car going by is speeding or driving recklessly.
This depends. Often, it is the parked car's fault because the door can be considered as an obstruction. However, it is possible that the passing car may be At Fault, especially if it can be proven that its driving could endanger the parked car.
Always check with the claims department of your insurer and the local law. Local law tends to place fault with the parked car.
I would think it is the parked cars falt. Call a lawyer. They can tell you right off. I would think it is the parked cars falt. Call a lawyer. They can tell you right off.
the person who opened the door
The driver/passenger opening the door is at fault. Look it up under the traffic laws in your state.
driver of parked vehicle
The person who opens the door.
Virtually ANY time a vehicle door opens into moving traffic it will be the responsibility/fault of the party who was in control of the door. The questioner states that they were CLOSING the door??? That may be their story, but it will probably be difficult proving it.
The insurance company of the car whose door was opened will pay for it.
I cannot speak specifically to Canda, but in the US it would be the opening door vehicle that is at fault, most of the time. You cannot open or enter any traffic until safe to do so.
If your the uninsured car was parked, and the door was already open when it was struck, then it would be the other drivers fault. If you are parked then you are classified as a permanent object, and you are treated just like all other permanent objects such as trees and signs. The other driver must have control of his vehicle at all times, and by hitting you while you were stationary and not moving, this was not the case, so he is at fault. Now if he was driving and you opened the door right as he was passing you, then the answer would not be as clear cut.
Many claims like this contain a percentage of fault, I would consult your claims department and they can determine it based on when the door was open.Another View: The investigating officer would first determine whether the traffic-side door of the vehicle was opened or the curb-side was opened. If it was the traffic-side that was opened, it would be the fault of the person who opened the door, even if it wasn't driver who did it, the driver would receive the violation.
The person that opens the door is at fault
I know of a case where a person opened a door on a narrow road and it was struck by another vehicle driving down the road. The person opening the door was at fault. Your situation sounds a bit different but the person opening the door may be at fault.
The one backing out, because you should realize someone is opening a door.