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tiny car accident

post #1 of 15
Thread Starter 
I pulled into a parking space, turned off my car, opened my door and started to get out. With my door half open, and one foot on the ground (I think) I turned to get my purse off the passenger seat. Then I hear a crash. I see someone has pulled in next to me, and their side mirror has hit the ground.



This person thinks that the "accident" was my fault. They also said that they drove into the parking space very slowly and I hit my door into their mirror.



Of course, I say the opposite. I honestly don't think it was my fault at all.

Now this person wants me to pay for the repair or at least half of it. I really don't think that I should have to.



We exchanged insurance info and phone numbers. I notified my insurance agent. Anything else I should know or do?
post #2 of 15
This person is an idiot. If your car door was open enough that hitting it with any part of their car was a distinct possibility, they should have honked their horn or tried to get your attention in some other way, or at the very least, waited until your car door was closed before pulling into the parking space.



I don't think you're at fault and you don't have to do anything.
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post #3 of 15
You should have gotten a police report. Don't leave the scene of any accident, no matter how small, without getting the coppers there and getting a report.
post #4 of 15
your insurance companies will decide who has to pay, and while I'm not sure of the specific laws it seem that the other driver is a moron. Who pulls into a parking space when someone else has their door open? they should have waited two seconds.
post #5 of 15
Yeah a police report would have been nice and you could still file one (I think) but it wouldn't do any good since the cars obviously aren't in the same spots anymore.



No joke about the other driver. They should have been paying attention and looking for the fact that your parked car had a door that was open!! Sorry this happened to you.
post #6 of 15
If you were opening your door while he was pulling in, you would have banged the car, but I can't see how it would have ripped off the mirror?? If the door was already open though and the other car drove into it, the car going forward into the door would pull the mirror off, y'know? Thats what I think ...
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post #7 of 15
Thread Starter 
So far, I haven't heard from the other driver...thanks for the moral support, though.

With some reflection, I honestly don't know who was at fault. I would love to see a video of the incident. I'm just very glad no one was hurt.
post #8 of 15
Wow, to me that is along the lines of someone accidentally hitting their thumb while hammering a nail into the wall, and getting mad at the hammer.
post #9 of 15
Maybe everything happened at the same time and no one is at fault.
post #10 of 15
Quote:
Originally Posted by Marie View Post

Maybe everything happened at the same time and no one is at fault.



I don't think thats really possible, when you're getting out of the car you're supposed to look and make sure a car isn't coming in next to you, and when you're pulling in you're supposed to make sure a door isn't open, and if it is, stop for it.
post #11 of 15
People are supposed to do a lot of things, but they don't.
post #12 of 15
It would have been better to work it out between yourselves. Insurance companies may charge you an extra premium for getting into an accident.



Many states have "no fault" accident laws. Meaning that both people pay for it. Very rarely is fault appropriated.



You were not operating the vehicle, while she was. She had a responsibility to operate her vehicle in a safe manner, which she didn't. (...Like she could have waited until you had fully exited your vehicle, instead of driving into a space where a pedestrian was.)



I wouldn't worry about it too much now. ...But yeah, it sounds like it was her fault.
post #13 of 15
Quote:
Originally Posted by Marie View Post

People are supposed to do a lot of things, but they don't.

And if something bad happens because of it, its their fault
post #14 of 15
Quote:
Originally Posted by That Button View Post

Yeah a police report would have been nice and you could still file one (I think) but it wouldn't do any good since the cars obviously aren't in the same spots anymore.



No joke about the other driver. They should have been paying attention and looking for the fact that your parked car had a door that was open!! Sorry this happened to you.

Even if the cars have been moved and all that, not only do you have to file a police report if there is any damage or injuries, but that way, your version of the story goes on record. Plus if the other person never files one, then it additionally looks bad on them, because they evaded their legal duty. The police department's assessment may be swayed to believe you over them. Furthermore, if you report it, the other person is cited, then that other person's insurance will go up, as it should so the rest of us don't have to pay as much for other people's recklessness.



As a general rule when there is an accident, don't say anything other than giving your information. If the other person wants to argue about who's at fault, let them. Keep your mouth shut and talk to the police, your insurance company, and no one else.
post #15 of 15
Quote:
Originally Posted by Thalia View Post

Even if the cars have been moved and all that, not only do you have to file a police report if there is any damage or injuries, but that way, your version of the story goes on record. Plus if the other person never files one, then it additionally looks bad on them, because they evaded their legal duty. The police department's assessment may be swayed to believe you over them. Furthermore, if you report it, the other person is cited, then that other person's insurance will go up, as it should so the rest of us don't have to pay as much for other people's recklessness.



As a general rule when there is an accident, don't say anything other than giving your information. If the other person wants to argue about who's at fault, let them. Keep your mouth shut and talk to the police, your insurance company, and no one else.



At least in Wilmington NC if your damage is under $1000 (and it sounds like theirs was) the police will tell you they can't write a report on it and send you on your way.
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