Auto Insurance Claims: open rear passenger door, parking lot liability


Question
I was at a gas station in West Virginia, parked next to an RV. I opened the rear pasenger, walked into the opening to retrieve a newspaper from the back seat, assembled the four sections of the newspaper on roof of the car. The RV then began moving and with a pole that holds up a canopy he clipped my door, causing $901 damage. Am responsible because I had the open door, or he he at fault for pulling away from the gas station and clipping me? Thanks

Answer
Negligence is almost always with the party that is moving!

If there is a child in your way, is it okay to just run them over?  One has to be sure not to damage any property when operating a motor vehicle.  If you were on the side of the road on a busy street it is a different story, you are not supposed to open your door in front of traffic.  But in the scenario you laid out, the RV is clearly at fault, in my opinion.

I hope this helps!