ArcticFrog

I didn't take it that she was willing to pay out of pocket for my damages. Maybe I was wrong but the impression I got was that she felt it was both of our faults and we should each pay our own damages. When I said "I didn't do anything wrong why should I pay for my door" she didn't correct me and say 'no I meant *I* would pay for your damages w/o going through insurance' so I don't think that was her intent. If it was, I feel a little bad because I've already made a claim, so it's too late to go back now but I'd rather do it 'by the book' anyway. I've been on the receiving end of damage before where someone didn't want to report it to insurance and it was a huge headache so I'd rather just avoid that possibility again. (they made me get like 4 estimates, wouldn't let me choose the body shop, took forever to pay, etc)

MELLOWYELLOW06

Im no expert but I have 2 things to say.
1) glad you were not hurt
2) it could have been worse, its only a door

Derf00

I would have to agree.

You didn't look and she probably wasn't expecting you to open your door as she pulled in (if she even saw you in the car to begin with). I doubt she payed attention to how fast she pulled in. Judging by how the door is damaged, she was already pulling in meaning if you would've waited half a second (bylooking)she would have been stopped and parked next to you before you opened your door. If damage were towards the inside of the door then I could see it being her fault because your door would have already been opened prior to her pulling in.

Mutual negligence is probably how it will be ruled which means you each pay for your own damages. A lot of people forget that particular ruling, they always expect there to be one right person and one wrong person. Unless it's blatant all other accidents fall under that title.

Oh, and generally speaking the moving vehicle has the right of way over the parked vehicle.

alloutt

I would put the lady at fault if she was going that fast and wasn't watching. But insureance will probually put both at fault.

schapman

How fast was she going?

mightymouse

I just park in the middle of no where... Besides my fat a$$ needs the excersize...

Burnsy

yeah moving usually over parked, but not if your stepping out of the of the car and become a pedestrian, i see thats not quite the case here, just adding another view

hammeron

sorry it happened, no comment on
the accident.

but i would like to say nicely done on the
diagram, you even got the vehicle colors as close
as possible....

VanGTCS

No offense, but I think you are at fault. If it were a public roadway and you openned your door to exit the vehicle without looking and a passing car ripped your door off, it would be your fault. I certainly don't know the law at all, but I think any time you open your door to exit your vehicle you are expected to ensure it is safe to do so. With a vehicle that heavy (the SUV), I don't think it would have had to go very fast at all to do that kind of damage to the door. The damage seems to indicate standard "pulling into a parking spot" speed. A higher speed and there would have been increased deceleration time required, resulting in your door either being further buckled, or the car being driven sideways towards the adjacent parking spot.

Again, maybe the law is different, but I know that I would be awfully disappointed if I was pulling into a parking spot andsomeone openned their door into my front corner at the very last second and then tried to say I was equally responsible. What could the SUV have done to avoid the accident? Not pull into that parking spot at that exact moment. Reasonable expectation? No, not in my opinion. What could you have done to avoid the accident? Check to ensure it was safe to open your door before doing so. Reasonable expectation? I think so, yes.

EskimoPie

I'm having to agree that it's more your fault than hers... although I think the responsibility is somewhat shared. For her to have prevented it would have taken very fast reflexes to stop (even if she could have in time) before hitting the door the was opened directely in front of her. For you to have prevented it however would only have taken you looking over your shoulder before opening the door. Either way, it comes down to lousy timing and mainly just bad luck. I know it's emotional for you, but I don't think you should hold it against her... I doubt you would have been able to prevent it if you were in her shoes.