I parked my car to drop off my passenger who was sitting in driver side rear. She opens the door and in about 3 seconds this moron drove his side mirror into the edge of the opened door which could have been worse had her leg crept out or had her arm still be extended. His side mirror broke clear off while I had a clear lip on the edge of my door. The insurance said my rider was negligent. So its my fault. Now I have a point on my license and my insurance went up. This was almost two years ago and this point has affected me and even caused me unwarranted stress. This guy was speeding and clearly driving too close to the right on a wide enough street. By the way, her door was not opened wide. So there is all this physical evidence as in (physics) that to me doesn't add up. I'm still stressed over it because I cant bear the fact or accept that this was my fault. The guy got away scott free. He acted like it was my fault as well just cause I parked a few more inches than usual from the curb. Nothing out of the ordinary mind you, but that was his observation and testimony.
Sounds like that shipped sailed a long time ago. The insurance company took care of it, move on. If this is your biggest stress in your life, consider yourself fortunate.
Most jurisdictions have laws restricting the opening of a door into a lane of moving traffic unless it is safe to do so. Arguably your passenger did not abide by this since it was not safe to do so.
The guy speeding wasn't at fault, your passenger was for throwing the door open into traffic, so go after your passenger.
Sounds like she was at fault to me.
I am not your attorney and don't know anything about your problem. Do not rely on my response other than as information used to hire an actual attorney.
Assuming that this incident occurred in California, in which city and county did this incident occur?
On what date did this incident occur?
Did your rear driver passenger look to ensure that it was safe and clear to open her rear driver's side passenger door before she opened the door?
How far did your rear driver's side passenger open her door prior to and at the time that the door was struck by the opponent's side mirror?
This is a "he said-she said" dispute and your insurance company decided to believe what the other driver said. Depending on what city or county you were in, you may have parked too far from the curb and it is virtually impossible, especially at this time to prove that the other driver was driving too fast. I am assuming that your insurance is charging you with fault because they believe that you parked too far from the curb.n ordinance. There are ordinances in various cities and counties regarding how far you can park from the curb. Also were you parked or stopped in a location where you are allowed to stop or park?
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