Auto Insurance Claims: Open car door in parking lot, open car, auto liability


Question
I read with interest about your response in relation to the car door. We were in the same situation where we were hit by someone coming into the parking space next to us. Our insurer said it was our fault because we had the door open and that we were braking a road rule which has to do with obstruction. We couldn't believe it. So someone can carelessly drive into a parking spot while we are getting into our vehicle, hit our door, and it's out fault? Our insurer is Allianz. What do they mean by road rule and does this rule count in a car parking spot?

Answer
Road rule is a generic term.  
Basic rules of auto liability dictate that the person with the least amount of vehicular control is generally more liable than the person with the most.  
In other words, the person opening a door in only handling a door and the person driving the car is responsible for the entire car which is much more difficult to control than a simple door.

It is what it is.