Advice Needed: Is This Scenario a Joint Fault Cause? - California

[ArtZappa]

I recently had a car accident and am looking for some advice. I was parked about 100ft away from a stop sign, in a 25mph speed limit zone, with my driver side rear door fully open and I was about to unload some stuff from the vehicle.

Another car came onto the street and I stopped unloading my car to check it out.

I was standing between my car and the fully open door and made eye contact with the driver.

The driver misjudged the distance and didn't drive far enough away from my door and ended up hitting my car door with their mirror which has caused aesthetic and possibly mechanical damage to the hinge of my door

Me and the other driver have both agreed in writing to the facts above.

I am wondering if this is 100% the other driver's fault, or if it will be split fault somehow? Any advice would be greatly appreciated.

I'm based in California

 

[fed up]

Make sure to file a copy of the signed statement to HIS insurance carrier and a copy of HIS statement to your carrier if they contact you. People will often change their account of the accident as more time passes by

 

[ArtZappa]

Make sure to file a copy of the signed statement to HIS insurance carrier and a copy of HIS statement to your carrier if they contact you. People will often change their account of the accident as more time passes by

Thanks for the info, will do this.

Will it definitely not be a joint fault case If i do this? - I'm trying to avoid a premium increase, will probably fix with cash if theres a chance of joint fault

 

[fed up]

No telling how your carrier handles your premium if they are informed of the incident. No telling if the other party changes their mind and places a claim against you.

 

[adjusterjack]

Will it definitely not be a joint fault case If i do this?

Just the opposite. I think you bear most, if not all, of the fault.

California Vehicle Code Section 22517 - No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

You were stationary and had control of the placement of the door. He was moving and was subject to the laws of physics, i.e: stopping distance.

Vehicle Stopping Distance And Time (csgnetwork.com)

Even at 25mph it would have taken him 55' just to react and begin any movement to avoid hitting your door.

Your agreement with the other driver would not stop your insurance claims person from properly applying negligence law.

 

[ArtZappa]

Just the opposite. I think you bear most, if not all, of the fault.

California Vehicle Code Section 22517 - No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

You were stationary and had control of the placement of the door. He was moving and was subject to the laws of physics, i.e: stopping distance.

Vehicle Stopping Distance And Time (csgnetwork.com)

Even at 25mph it would have taken him 55' just to react and begin any movement to avoid hitting your door.

Your agreement with the other driver would not stop your insurance claims person from properly applying negligence law.

Thanks for the response.

My car was the only car on the street when I opened my door, the other driver only turned onto the street when I had started to unload the car. When i opened door there were no other cars, so it was safe to do so. My son was unclipped from his seat when the other car appeared so It didn't make sense for me to close the door.

With these additional points do you still think I would be at fault here? - Seems surprising to me, the other driver was also very apologetic and knew that he really shouldn't have hit my car

Any follow up response is appreciated!

 

[Al3x Lee]

What kind of car do you have?

 

[adjusterjack]

With these additional points do you still think I would be at fault here?

Show me an aerial view of the location on Google Maps where he turned on to your street and indicate where you were parked.

Also explain what you were unloading and what your son's position has to do with why you kept your door open.

 

[ArtZappa]

Show me an aerial view of the location on Google Maps where he turned on to your street and indicate where you were parked.

Also explain what you were unloading and what your son's position has to do with why you kept your door open.

Green diamond shows where I was parked. I get out, check for cars, nothing coming on the road. I open the rear door and start to remove my son from his safety seat.

Other guy arrives at the end of the red line and turns onto the street I'm on. I pause taking my son out of the car seat to wait for other guy to pass.

Side mirror of the other car made contact with my open door

Thanks again for the help!

 

[Al3x Lee]

Green diamond shows where I was parked. I get out, check for cars, nothing coming on the road. I open the rear door and start to remove my son from his safety seat.

Other guy arrives at the end of the red line and turns onto the street I'm on. I pause taking my son out of the car seat to wait for other guy to pass.

Side mirror of the other car made contact with my open door

Thanks again for the help!

View attachment 8397

You go through all that effort to draw the map for Jack but skip my question?