Brett Jenkins

I was pulling into a parking spot at a restaruant, next to an Escalade. I was concerned about the concrete pillar at the front of my parking spot, so I was easing into the spot. I was almost completely in when the drive of the Escalade opened his door and wedged it between my front fender and my door. I say wedged because it did not scrape down my fender as I went past, nor did it touch my mirror.

He contends his door was already open before I even pulled into the space and I hit it. Obviously, if the door was open, it would have hit my front bumper, or at least scraped down the fender.

This is probably one of those no-fault or both at fault issues, but I feel like, once I am already pulled mostly into the spot and I see he's opening his door, I can only stop my car, I can't move it laterally away from his door. He could stop opening it though, if he sees my car there.

The police would not come to assess the situation as they don't respond to incidents on private property. (?)

I just wanted to see where I stand before I call my insurance.

Speedtoys

I wouldnt bother with our opinions..and get insurance on it ASAP, before your recollection fades.

mazdaverx7

i'm a police officer in the state of ohio and i may be able to help a little. laws differ from state to state of course, but in ohio (and it may be similar in TN), no traffic citation can be issued on private property unless its an ovi (dui) or reckless operation or driving under suspension or any non injury accident. with that said, we take reports and document the private property crash or incident and keep it on file in our dept. the complainant or complainants involved will then have a documented police report of the incident to present to their insurance company should they choose to turn the incident in to their respective insurance company.

with that said, it unfortunatly will be a battle with your insurance company and the other person's insurance company. document everything as you have with pictures and present that to your company and record any statements made by the other person in case the insurance agent needs any of that info.

sounds to me like the person opening the door is at fault. seems he didnt look to see if another car was next to him and he was opening the door while looking into the vehicle and not paying attention to the blank spot (or so he believed) next to him and when he opened the door, you were there.. thus he believed that you ran into his door. it was innattention on his part if you ask me. this is all arm chair quarterbacking anyways and i wish you the best of luck!

cpayne

Do what the officer says. I'm with you It's the operators responsibility to ensure it is safe to exit the vehicle. It appears from your evidence he opened the door and hit you. This is a battle for the insurance companies or small claims court.

Tom in Austin

What a PITA. Hope your insurance gets involved to help you work it out. When I had a parking lot incident a few years back, I didn't carry collision on my car and you're on your own under those circumstances to deal with the other driver's company. In my case the other driver's company did the right thing and paid for the damage.

mickster

Agree with the LEO. Document it all.
Call HIS insurance company and put a claim into HIS insurance company and inform your company you have done this. If he accepts responsibility, done.

If not, then you have shown to have acted as if it was his fault and this will support your claim with your company. They will then begin subrogation against him if they feel they can prove fault.

Depending on the dollar amount it may be worth it to walk away if the damage is less than deductibles and eat the cost.

Lizard928

100% his fault, you are required to check that it is safe to open your door before opening it.

But then again, he bought an escalade.....

porsche928guy

Seems like his fault to me. You're within your lines. He encroached upon your parking area. You could do what I do...park out in the boonies in a corner spot. Then when you come out you'll find the biggest POS in the parking lot parked right next to you. Never fails.

James Bailey

The person who opened their door is at fault. True he did not think you were there but his responsibilty is to LOOK and know if it is OK to open his door. Same as being parked along a street and opening his door in front/into a bicyclist. Sure he was surprised when You hit his door but he had no right to swing his door open without KNOWING that it was clear. His mind told him that the space was empty BECAUSE that is what he saw when he pulled into the space earlier.

mazdaverx7

just wondering if you were able to get any satisfaction from his insurance company

Brett Jenkins

Not yet, it might take a while. I have my insurance company working on it.

mazdaverx7

good to hear. keep me posted on how it turns out!

polecat702

FWIW, In all disputes involving 928's and non-928's, the non-928 owners are always at fault.