Auto Insurance Claims: Opened Car door at light- Door hit, by another driver, car door, blinkers

Question
Hello Richard,
I hope you can help me.  I was at a light (6th car  or so in from light) on road with 3 lanes. I was in the furthest left lane.  To the very left of me there was the beginning of a left turning lane, which means the road would now have 4 lanes from my car forward. but I was blocking most of the access to that lane with my car because I was the ~6th car from the light.  I was waiting at a red light and my car stalled.  I tried to restart, but no luck I put my blinkers on, and exited my car on the drivers side to go to a gas station right across the street. with my door already opened and my left foot out of my drivers side door I got back into the car to remove my keys. A car came from behind me, driving quickly (probably not speeding) just fast for a local street. and that car hit my drivers side front door.  She was attempting to pass me on the left to get into a turning lane that was for the most part was blocked, there was enough room for her pass only if she used my lane (I drive a mini cooper its very small) and squeeze through while hitting my car door.  I'm thinking because I was on a road and I got out of my car, if I get hit its my fault.  Is this correct? would I be considered having a driving accident by my insurance company if I was not actually driving. or is what I did still considered driving by the insurance company- I have full coverage

Answer
Hi Jenn,

I think if I were you I would try to fight this. You were obviously stranded, had your flashers on and the door was already opened. You should claim that had it not been for the other drivers impatience the damage would never have occured. At the very least the other driver should have tooted their horn so you would have time to close your door to let them through.

In the end, unless you can convince her insurance company of this it may be considered your fault. It will depend in large part on what the other driver has to say about what happened. If it is determined to be your fault your insurance company will pay for the damage to both cars. It will be considered an at-fault event which may cause an increase in your rates at renewal time.  

I hope this helps
Richard Hixenbaugh