I was vacuuming my car (passenger side) at the local service station, well away from any road or marked laneway, and was hit on the open passenger door by someone driving a large RV. The insurance company said I may absorb some or all of the blame because my passenger door was open. It was not in a laneway but off to the side at the service stations far edge - I was not blocking anyone. My car was not moving.
Is there any truth to this???? It seems incredible to me that someone can hit a parked car's door and not be at fault. Especially as I was well off to the side by the fence at the perimeter of the lot.
Any thoughts? I am from BC Canada and deal with ICBC.
The only reason you might get stuck with the cost is because a parking area is not subject to normal rules of the road. However, if the police report shows them being at fault then you can get their insurance to pay for it.
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November 28, 2008 at 09:35 pm
Ridiculous. But I wouldn't put it past insurance companies to try to get out of it. Fight 'em. Take 'em to court if you have to - no jury would side with them.
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November 28, 2008 at 09:44 pm
The only reason you might get stuck with the cost is because a parking area is not subject to normal rules of the road. However, if the police report shows them being at fault then you can get their insurance to pay for it.
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November 28, 2008 at 09:49 pm
You have a full right to get claim from yurs insrs.
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November 28, 2008 at 10:08 pm
Whether it was your fault or not, insurance should shoulder it. Thats why its called insurance, to insure your car from loss or damage of whatever nature.
Maybe, just maybe that the damage is minor so that your participation fee in the insurance is more than the cost of the repair.
If it was not your fault as it appears, then your insurer will just have to claim reimbursement from the insurer of the car at fault.
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November 28, 2008 at 10:43 pm
put a claim in against his/her insurance. get estimates for cost or if it was fixed already photo copy receipt. handed to his insurance do not listen to opinion, only actions like a check for the damages. if they give you partial, go ahead and sue them in court for the rest. be agressive. it will take time, understand you will win.
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November 28, 2008 at 11:05 pm
Sounds like the insurers are just trying to wriggle out of it. Your car was stationary, the other idiot was moving, it's patently obvious it's his/her fault. Don't stand for any c rap.
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November 28, 2008 at 11:30 pm
YOU PAY FOR INSURANCE AND THAT IS WHAT IT IS FOR AND YOU SHOULD BE IN MY OPINION COVERED COMPLETELY.
CHECK WITH THE BOARD OF INSURANCE WHICH IS ON LINE AND SEE WHAT THEY SAY ABOUT THIS ACCIDENT.
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923 -
November 28, 2008 at 11:57 pm
Yes. There are standards of fault, for accidents. One of the standards, is opening, closing, or having open, your car door. If your car is parked, and the door is open, and a moving vehicle hits the door, YOU are at fault. Sorry.
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agent, 21+ years -
November 29, 2008 at 12:23 am
In some _states_ (might be true of BC as well) there are laws that state vehicles doors should be closed once they are no longer being used. The question you don't mention is _why_ the door was left open. If there was a good reason, such as you were activly unloading the vehicle or the like, then the law would not apply.
Even if you were required to close the door, you would not be 100% at fault. The driver of the RV still has a duty to maintain a lookout and make sure the area he/she was driving was clear. How could the driver miss seeing a vehicle door. Obviously they were not watching.
If liability were placed against you, I'd guess it at around 10% and no more then 20%. Frankly, just some nominal amount to show that you did contribute to the accident.
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