In December 2016 a driver hit my parked car's open passenger door as I was getting out of my car. I was not injured but I did not have insurance at the time. This evening I just got a call from Wilber and Associates saying I owe $9000 for this accident and they were asking how I want to settle. I hung up on them after saying I am not liable for anything.
There was no police report, and the other driver's insurance company denied my claim against them and cited lack of police report.
Am I liable for anything?
Opening the door into the lane of traffic causing an accident is generally viewed as negligence and would make you responsible for this bill. Should you have evidence of the other driver's negligence you can fight the amount based on the other drivers percentage of negligence.
That's a tough one...the other party who hit you clearly filed a claim with their insurance company who paid out $9,000.00, alleging you were negligent in opening the door. Now they are coming after you for indemnity saying it was your fault. Your best bet would be to hire an experienced automobile accident attorney who could represent you explaining it was not your fault. It will cost you but I can't imagine an attorney charging too much for a property damage defense, and the W&A firm will hopefully go away.
You are in a tough spot. Usually if you open a door into traffic and it gets hit it is your fault, and without an insurance company to back you up it is going to be tough to fight them.
Maybe you can work out a payment arrangement with Wilber. I would ask for all docs to confirm their claim and would never agree to pay them 100% of their claim.
Assuming that this automobile accident occurred in California, in which city and county did this accident occur?
Can you please specify the location in which your car was parked? For example, were you parked in a parking lot, in a shopping center parking lot, on a street curb, etc.?
Were you legally parked?
You were sitting in the passenger's side of your vehicle? Were you seated in the front passenger seat or the rear passenger seat?
As you were exiting your vehicle from the passenger's side of your vehicle, did you look to make certain that it was safe and clear for you to open your passenger's side vehicle and exit the vehicle?
Did you momentarily or temporarily or otherwise lose focus or concentration or attentiveness regarding you opening the passenger's side door of your vehicle, looking to make sure it was safe and clear for you to open your passenger's side vehicle and safely and clearly exit your passenger's side vehicle?
If you can please answer my above-mentioned questions, I believe that your answers to my above-mentioned questions will help me to professionally advise you further.
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