Car door was hit while getting out in a parking lot

by eb » Fri Aug 20, 2010 09:35 am
Posts: 1
Joined: 20 Aug 2010

I pulled into a parking spot that had one spot also open to the left of my car. I pull in, park, set the e-brake, checked mirrors, and immediately proceed to exit my car. As I do so, someone from behind who was trying to pull into the spot to the left of me hits my door, jamming it and preventing it from closing while the other guy's bumper had a small cut. When the door was hit, it was still completely inside my stall (it was open about a foot when it was hit.)

Now, after everything was said and done, Progressive claims that I was 100% at fault because I didn't look over my left shoulder before exiting and paid out $1500 (for a 2000 Volvo S80) to the other guy to repair his car. Both parties only have liability so I got nothing.

The part that has been making me wonder is this: there was one witness whose number I gave to Progressive. As it turns out, however, Progressive accepted fault without ever talking to the witness. The other strange thing is that I was transferred to a different agent because the first one I talk to apparently knew the other party involved.

This whole thing seems quite strange to me as I don't understand how someone can hit another persons car and receive a handout of money like that. The common sense and courteous thing in my opinion would seem that if someone pulls into a parking spot in front of you that you would wait for them to get out of their car instead of blocking them in. Trying to think back though I can't remember if I've ever been in a situation where I'd need to make that decision. If this were a street where I was parking I would absolutely check before getting out, but a parking lot seems like people should have plenty of time to see someone exiting their car.

So my question then is just if you think that this was the right decision by Progressive or if there is something fishy going on with one agent knowing the other guy and passing it off to someone else. I've been searching the internet for similar situations but responses are half that the hitter is at fault and half half that the hittee is at fault. It's a strange situation so I don't even know how one determines fault in a situation like this.

Any help or suggestions of what to do in this situation would be greatly appreciated.

Thanks!

Total Comments: 7

Posted: Fri Aug 20, 2010 04:38 pm Post Subject:

This whole thing seems quite strange to me as I don't understand how someone can hit another persons car and receive a handout of money like that

How about from the other point of view... it's odd that a person would not make sure that the area was clear before they opened up their door _into_ another vehicle beside them. The other vehicle did not go from down the isle way most of the way into the parking spot in the blink of an eye. When you started opening your door they were already into the space... actually pretty well established into the space. There was no way for them to avoid being hit as they can't move their vehicle sideways in a split second. However, you could have simply looked, seen their vehicle pulling in and not opened your door into the side of their vehicle. Again, this is the other view point on the accident.

The common sense and courteous thing in my opinion would seem that if someone pulls into a parking spot in front of you that you would wait for them to get out of their car instead of blocking them in

Common sense, perhaps. But then you have the _law_ that states that you are responsible for making sure the area where you open your door is clear. I can't speak for your state but every state where I've handled an opening door claim has actually had this mentioned. Also, people park and don't get out of their vehicle for awhile or at all. Did he see you park? How did he know you were not just going to wait awhile before getting out?

I'm just trying to give you the other point of view... not bash you for what happened.

So my question then is just if you think that this was the right decision by Progressive or if there is something fishy going on with one agent knowing the other guy and passing it off to someone else.

I think the Progressive adjuster could have (should have) spoke to the witness. IMHO this was a big mistake. It might not have changed anything though. Really depends on your statement.

I had a claim a few months ago where my insured pulled into a parking spot or was pulling into a parking spot. The other person opened up a rear door and hit my insured's front fender. The point of impact was on the side of the front fender. My insured said that he was pulling into the spot when the other person opened the door. I denied liability. I explained to the USAA adjuster that state law was that the person opening the door was required to make sure the area was clear (she tried to ague that it was a 6 year old kid who opened the door. So... parents are responsible for the child's actions).

The difference in your situation is that it appears the point of impact to the other vehicle is the front bumper. This changes this just a _little_... but not much. If you had your door open for a short amount of time (or a long time) then it could be argued that the other person should have seen this. I don't think this was the case.

I'm guessing the witness was not a friend of either party? If so, I'd probably not consider their statement. As the Progressive adjuster I would have obtained the person's statement regardless. Progressive's first and largest responsibility is to provide you a defense. That is how the adjuster should be thinking. So even of they thought they would owe the claim, they should have spoken to the witness. At least then if they paid the claim they could tell you that they did a complete investigation. After all, you are paying them... you are their customer.

But I still think that they probably owed the claim.

Posted: Sat Aug 21, 2010 01:37 am Post Subject:

If you are dissatisfied with Progressive's handling of your claim, you can ask to speak to a claims department manager to discuss the claim. You don't indicate whether you filed a claim with the other party's insurance company and, if you did, what the outcome of that claim was.

As tcope has said, most likely fault rests with you for being negligent, in a manner similar to backing out of that parking space.

You could always try to sue the other party in small claims court, where you could win, despite the fact that Progressive paid a claim against your policy. Stranger things have happened.

Posted: Fri Sep 10, 2010 01:07 pm Post Subject:

Chances are rare that you'll win at the small claims court if you've indeed been negligent. Speak to the claims manager and see what they can do.

Posted: Thu Oct 04, 2012 02:33 am Post Subject: car door hit while getting in my car.

I was getting in my car after getting a pizza, the parking lot was completely empty as i opened and got into my car. I set my pizza in the passenger seat , and reached for my door to close it. As i reached for my door a fellow motorist swung into the spot next to me, altho there where many others, and struck my door with his front bumper.

We exchanged information, and insurances looked at the damage, altho his story change later, we agreed on what happened in front of other people wo witnessed the accedident,

Later on the next week i was informed there was a liability issue, he claims i was getting out of my car and swung the door open from the closed possition.

What are my options in this scenerio? The insurance claimed they would fix my car, untill the value of my car came back from the company that deals with that portion, i told them it was rare and valuable before hand. Then there was a sudden "liability" issue.

Posted: Thu Oct 04, 2012 11:52 am Post Subject:

If you have named witnesses, they should be able to verify your story to the insurance company. Otherwise, it becomes a "he said-she said" matter that will probably lead to small claims court.

Posted: Wed Jul 31, 2013 05:02 pm Post Subject:

My father got home from work the other day and parked his car in front of the house. He checked and there was not a single car coming down the street. Then as he starts to open his door just about a couple of inches, a pizza guy who had been parked earlier takes off and was totally not paying attention but was looking down and writing comes speeding out of nowhere and hits my dads door so hard that his window shattered and glass was all the way up the street and his door cannot close at all. Who is at fault? The guy was parked just a few houses down the street and pulled out and hit my dads door...he didnt want my dad to call the cops or anything...I am assuming because he was speeding in a residential neighborhood and probably on his cell phone not paying attention

Posted: Wed Jul 31, 2013 05:27 pm Post Subject:

Liabiity really depends ont he point of impact to the other vehicle. If it's to anything but the front bumper then liability is probably going to be 100% against your father. Here are the things that I look at:

there was not a single car coming down the street.

Your father owes a duty to make sure the area is clear _as_ he's opening the door. So obviously the other vehicle _was_ there at the time. A vehicle can't close the distance of a few house in the matter of a 3 seconds.

was totally not paying attention but was looking down and writing comes speeding out of nowhere


How is it know that he was speeding and not paying attention? Even if the other driver said this (I doubt he did), he's going to deny this later on. If your father knew he was speeding then he must have seen the other vehicle.

What your father is doing it putting together that he did not see the other vehicle (because he did not look) and his door was hit. So the other vehicle must have been speeding (in order to come out of "nowhere"). But again, what really happenw as that your father did not look behind him when he opened the door. Otherwise he woudl have seen the vehicle and avoided the accident.

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