Expert: Richard Hixenbaugh - 6/20/2010

Question
Hi Richard, have a question regarding ‘open-door  hit’  I was parked on roadside, door was open, 90-year old woman driver swung past, hit and busted my left driver side door. I’m not covered for collision on my insurance.  There was no police report.  who is at fault?  other party insurance hasn’t taken my statement yet nor answering my calls. Can they render a decision solely based on their client’s statement of what happened?   (she claims I opened the door on her) What’s the normal insurance procedure?  What should I do?  Thanks in advance for reply.

Answer
Hi Hui,

In most cases this type of accident would be considered to be your fault. The cars on the roadway have the right of way. It is your responsibility to be sure you have a clear path to quickly open your door, get out and quickly close the door with out interfering with the right of way.

I hope this helps
Richard Hixenbaugh