Who is at fault in this accident?

Question

I was turning left into a parking space next to a van. When I was half way into the space the lady opened her van door. I hit the brakes, but my car hit her van door. I hit the very end of her door. Her van has a small chunk out of the bottom of the door. My car has some paint divits on the front right bumper. She opened the door into my space. I didn't have time to do anything but brake. Who would be at fault?

Answer 1

You.

Answer 2

I don't know about your country but in EU the fault is hers and not yours. Before exiting a vehicle you MUST always check if it is clear of cars and pedestrians.

Answer 3

If she had done the same thing on a street, she would have been at fault. The rules aren't any different in a parking lot. You did all you could; you couldn't see inside of her vehicle to know she was opening the door. She failed to ensure it was safe to open the door.

Answer 4

She is, she should have looked. You would have no way to know she was about to open the door. Apparently she did not have the common sense to look first.

Answer 5

You..........because you were not 100 percent in control of the vehicle and that will be your downside.

Answer 6

I know you do not want to hear this, but you.

they would site you for failure to control your vehicle.

Answer 7

the van.. because the person needs to watch out for incoming traffic .. the incoming traffic has the right away ..

Answer 8

50% at fault to both of you. Her, for opening her door with a car pulling in to the next stall. You, for pulling into a parking stall while someone was opening their door. You pay for your damages, she pays for hers.

Answer 9

She should be at fault for not looking before she opened her door. Several months ago I watched a court show where the same thing happened when a passenger opened the door. The judge made the passenger pay for the damages.

Answer 10

hers....theyd prob put the blame on u unless u got a witness or something cuz u "ran into something"

Answer 11

I know this sucks, but your at fault.  Works the same way if you hit someone who walks in front of your car.  The good thing, if there is such a thing, there is no traffic ticket involved since it happened on private property, so it will only go on your insurance report.

Answer 12

You are of course, but if you live in a No-Fault state it doesn't matter...your individual insurers will pay and BOTH of you will have insurance rate increased.

Answer 13

You are at fault.  Even though she was in a different spot, she was parked and you were obviously still driving.  In a parking lot she has the "right of way" and if you hit a parked vehicle for any reason i.e. the door opened in front of you, you are still at fault.  At least in Texas, other states may be different.

Answer 14

Obviously no ticket was issued since it happened on private property.  However, you are still responsible for what is in front of you at all times.  You may not be 100 % at fault, let your insurance company know what happened, they should be able to help.