Auto Insurance Claims: Open car door was hit, small claims court, legal space


Question
We recently borrowed a car from a friend for a move. My husband had car parked in a legal space and the car door open and ran into the house to grab a box. As he was carrying it to the car, a woman ran her car into the open door. At first her insurance said they would pay for half and now they're claiming that it is not her fault as the car door was open. Is this true?

Answer
Hi Martine-

From my experience this would be 100% the other drivers fault.  The claims people should take a statement from both drivers, look at both cars and then make a final determination.
Your insurance company should be helping in this as well.  If you don't have insurance then that makes you less credible and it may cost you the determination. If they stick to their story, I would recommend small claims court.

I hope that helps.

Sheldon Maughan
Sacramento, Ca