Expert: Ron Cercone - 8/30/2009

Question
Today, I was in a parking lot with my door partially open when a truck pulled in next to me and crunched my door before I could get out. The other woman driving the truck was appalling toward me and my two small children and blamed me for the entire thing. She said I threw open my door as she was coming in. The police officer who filed the report agreed that there was no way my door could have been all the way open the way she hit it. However, I was under the impression that if her engine was on and her car in motion, she was the one responsible for the control of her vehicle. I didn't see her or even know she was there until I heard the truck hit my car. She nearly drove away until I informed her that she would be leaving the scene of an accident and could face charges for it. She didn't see the big deal because her truck didn't have more that a couple minor scratches. Me and the kids are fine, but isn't she the responsible party for the collision. After all, my car wasn't even moving as I was trying to get out of the car to go into the store. There was plenty of room between the parking lines and my car and I know my door didn't cross that line.

Answer
Well if you have the police report on your side, thats a big plus. Can the officer say if your door stayed inside your white line? Although I'm not sure you have to keep your door inside the white line since you have to open it wide in order to get out. I'd say the other driver has a duty to enter the parking space slow, and your duty is to look back before opening the door. And its your word against hers. Turn it in to your own insurance and let your insurer try to collect back all or part of your deductible.