Auto Insurance Claims: who is at fault in this case, comparative negligence, hi bob

Question
I was parked on the side of a two lane road and a van came around the corner as I was just starting to get out of my car and hit my drivers side door as he was passing my car. He wiped out my door so I could not even close it. lot of damage!!! Is he totally at fault for hitting my door?

Answer
Hi Bob,

Sorry to hear about the accident, I hope nobody was injured.

These are always difficult losses in terms of liability.  I would need to ask several follow-up questions to best determine liability, of both drivers.

Most states nearly always find that the driver opening their door into traffic bears ultimate responsibility to ensure the way is clear prior to opening their door; technically the vehicle on the roadway has the right-of-way in this situation.

It ultimately depends on whether either driver recognized danger, where the van was struck (passenger front bumper/corner, or on the fender/side/quarterpanel), and did either driver do anything to avoid the accident.

I would not be surprised if the other driver's insurance company denied your claim, or applied comparative negligence.

Hope this helps!