Auto Insurance Claims: Parking lot , who is considered at fault, accident scene, maughan

Question
Who would be considered at fault in this parking lot scenario?   Car A is parked is a space and getting out of her car.  Car B is pulling into the space next to her and hits her open door.   The damage to Car A is along the bottom edge of the open door and outside of the door.  Car B sustained damage to the middle and right front bumper by the headlight.  I would think that since car B was moving it would be her fault regardless.   I would also think that the area of damage would reveal the door on Car A was already being opened when it was struck.  I think a moving vehicle must always maintain control of their vehicle and therefore Car B woudl be considered at greater fault then Car A.  What is your opinion ? ( this is a "no fault" state but the percentage of liability would define whose insurance rates would go up - NJ)

Answer
Hi Karen-

I have heard of two similar incedents.  One was with my wife with a similar situation.  She was backing out and the guy opened up his door.  The insurance company ruled 50% at fault each.  
The second was a guy passing a police car at an accident scene.  As he was passing a policeman opens the passenger side door and the guy hit it.  The driver asks the police officer why he didn't look before opening his door.  In this case of course, the police officer says it's his fault and rights him a ticket.  
I think your case is going to come back 50-50.  Car B is going to say you opened your door after they were pulling in, and is asking why you didn't look before opening your door.  If you have a reliable witness on your side saying the door was already open, or they admit to it, it may be more in your favor.

I hope that helps.

Sheldon Maughan
Sacramento, Ca