Wife had parking lot accident - what to do?

red911sc · 05:28 AM

Yesterday, I took the oldest to his soccer game and the wife took the middle boy (7 yr. old) to his baseball game. She pulled into a spot at the community park where he plays ball and he opened his door to get out. Another mom was pulling in to the adjacent spot and the edge of our car door caught on their van and scraped up the side of the van. The lady driving the van explained to my wife that they probably wouldn't do anything about it because the side of the van had been previously damaged (mirror damaged, many dents and scrapes), essentially they "traded paint". They exchanged info and go on to the fields. After the boys games we go out of town for a birthday party and arrived home late last night. This morning I see a message has been left on our answering machine, it is Nationwide calling about the accident yesterday asking if we had started a claim with our insurance company.

We have not called our insurance company. Is it our responsibility to pay? Who is at fault? The other lady was moving, it was in a public parking lot, isn't this "no fault"?

Cell phone pic of damage

Wife says we only did the wide white band of paint scraping. It looks like our door may have caught on the front fender and caused damage there as well. Our car has paint scraped off on the very edge of the door and a small dent where the back door was flexed into the drivers door (wife had not opened her door yet)

Gogar · 05-10-2009, 05:34 AM

The other lady is trying to get the whole side of her minivan fixed on your dime.

red911sc · 05-10-2009, 05:38 AM

Quote:

Originally Posted by Gogar

The other lady is trying to get the whole side of her minivan fixed on your dime.

Yeah, this is what irritates the H3LL out of me.

sammyg2 · 05-10-2009, 06:00 AM

It does not matter. Call your insurance company now.
Start a claim, tell them exactly what happened and how, let them sort it out. That's what they are there for.

jyl · jyl's Garage

Agree w/ sammyg. Call your insurer, give them the info including the photo and the other driver's statement that most of the damage was pre-existing, then forget about it.

jyl · jyl's Garage

As for whose fault, I think it is shared. You son should have looked before he opened his door, the other driver should have anticipated that people would be exiting from a just-parked car. But, really, who cares?

red911sc · 05-10-2009, 06:56 AM

Quote:

Originally Posted by jyl

As for whose fault, I think it is shared. You son should have looked before he opened his door, the other driver should have anticipated that people would be exiting from a just-parked car. But, really, who cares?

John,

Agreed my son should have looked. As far as "who cares" I certainly will if my insurance rates go up!

jyl · jyl's Garage

Maybe they will. What can you do about it now? Switch insurers, or nothing.

fintstone · fintstone's Garage

Seems to me that a moving vehicle smashing into the opened door of a stationary one in a parking lot (of a playground) would be at fault...or at least share fault. I cannot imagne not being more careful. Lucky she did not run over a child. I also cannot imagine reporting it afterwards if it was only minor damage to an already damaged vehicle. Apparently someone wants a new paint job...

TerryH · TerryH's Garage

The other driver likely told her husband and he has his own agenda. IMHO, this accident is a push and just bad luck on timing of door opening while car moving in.

Likely, a parked car won't get the same rate hit as a moving accident.

Dave L · 05-10-2009, 08:44 AM

Was the door fully opened when the other woman pulled into the space. Sounds to me like the other woman drove into a parked car, I cant see how your wife would be at fault in that situation.

red911sc · 05-10-2009, 09:24 AM

It seems to have been an almost simultaneous thing. Our door when full open caught the moving van either right before the front door on the front fender or right at the front edge of their door. I agree in that I cannot imagine the other lady not seeing the door opening and being cautious. We have had a long talk with our son and he was very scared.

Paul K · Paul K's Garage

Might want to contact any witnesses soon while the event may still be fresh in their minds?

Hugh R · 05-10-2009, 10:36 AM

Sounds like the other lady hit your wife's car, after all, she was the one in the moving vehicle, your wife was parked.

Tobra · Tobra's Garage

what Hugh said, public park soccer game? Lucky it was a car door and not some kid the lady hit, no wonder the side of her van is all jacked up.

Danimal16 · 05-10-2009, 06:43 PM

Quote:

Originally Posted by sammyg2

it does not matter. Call your insurance company now.
Start a claim, tell them exactly what happened and how, let them sort it out. That's what they are there for.

+1000

Danimal16 · 05:25 AM

Quote:

Originally Posted by jyl

As for whose fault, I think it is shared. You son should have looked before he opened his door, the other driver should have anticipated that people would be exiting from a just-parked car. But, really, who cares?

Wrong. The car that is still moving, i.e. the car pulling in is responsible. A stopped car is not. Sounds to me like the car that hit the door was not paying attention or moving to fast. Moving to fast is a minivan and soccer mom characteristic. The worst idiot drivers on the planet.

TerryH · TerryH's Garage

Quote:

Originally Posted by Danimal16

Wrong. The care that is still moving, i.e. the car pulling in is responsible. A stopped car is not. Sounds to me like the care that hit the door was not paying attention or moving to fast. Moving to fast is a minivan and soccor mom characteristic. The worst idiot drivers on the planet.

Your image is of a car door already open and the van hitting it. My image is of van pulling alongside and a car door being opened into it. The damage is to the side of the van, not the front.

Not sure what image is correct, but blame could be placed on either side based on those two scenarios.

Noah930 · Noah930's Garage

Regardless of the exact scenario, now that they've called their insurance company, I think it's time that you have to call yours. Let the insurers settle it. Here's where it pays (literally and figuratively) to pay a little more and get a quality insurer, than to just shoot for the lowest premium. Best of luck for a fair shake.

Glad your kid is OK.

red911sc · 05-11-2009, 04:08 PM

Called insurance guy, he called the adjuster and they feel it is disputable. I don't mind paying for the damage WE caused if we are found to be at fault. Insurance Co's will fight it out now. Thanks for all the advice guys! I'll let you know how it turns out.