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Marsha411JD, Attorney
Category: Legal
Satisfied Customers: 19864
Experience:  Licensed Atty, 29 yrs exp in the practice of law.
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Yesterday I was parked and getting out of my car at my place

Customer Question

hi , yesterday I was parked and getting out of my car at my place of employment in a private parking lot a co worker came barreling into the spot next to me and smashed my open car door she backed up got out and immediately without even asking if was ok or sayting she was sorry the first words out of her mouth were 50/50 fault .... blah blah blah she knew she did wroing and wsa trying to cya .. .my question in tn if my care was not moving and she hit me on private property is she at fault ?
JA: OK. The Lawyer will need to help you with this.
Customer: ok ...
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: insurance
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Submitted: 6 months ago.
Category: Legal
Expert:  Marsha411JD replied 6 months ago.


Thank you for the information and your question. Although only the insurance companies can determine fault after interviewing both parties and examining the damages to both vehicles, it does sound, from the limited information I have, that the other driver would be at fault. That assumes that your door was already open in the position it was hit when she pulled into the spot. The other driver had the duty of care to make sure the parking spot was clear before she pulled in. Again, this is based on what you have shared.

It appears that you might have already made an insurance claim, which is the right thing to do, and they will determine liability. Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the box above, I will receive credit for assisting you today. Thank you