Has anyone ever had to deal with an accident like this? who in your opinion is at fault?

i blame both because the guy in the parked car didnt pay attention when stepping out but the driver pulling into the spot came in fast. but after my first experience with a accident insurance will blame the driver pulling in

>being this fucking blind

Dude the car went about 5 car lengths in a line. If the fat fuck would have looked in his rearview he would have seen the car. Both of them were stupid.

>THAT FAGGOT LEXUS DICK THAT CAN'T PARK AND CREATES PROBLEMS FOR EVERYONE

90% driver's fault, 10% blue hat guy's fault.

sometimes you don't pay attention when opening your door, it can happen. pulling into a parking space at that speed should never happen.

>moving traffic in a parking space

If there is a parking spot open next to you, that spot is considered a moving traffic area because a vehicle has to drive into the spot to park.

driver going to fast would probably be what the insurance sees. guy opening his door should have looked for sure, but if he couldn't react to stop he's too fast

100% the person with the dashcam. It's your responsibility to be moving at a reasonable speed that allows you time to react to things like this.

The driver was pulling into the spot way too quickly like a dumb piece of shit. He probably follows too close on the interstate too.

Doesn't mean the guy who opened his door isn't an idiot, but most of the responsibility here is on the guy pulling in.

This. The driver is 100% committed to, and is fully, unequivocally responsible for [insert subjectivity here].

By that logic if I park on the side of the road and throw open my door without looking the bastard that takes my door off is 100% at fault?
How the fuck did you pass the drivers test?

I don't know what this question has to do with passing a driving test.

I'm in the insurance industry, and I can tell you with a certainty that the guy who opened his door isn't going to end up liable here.

The person pulling in was negligent, as in they failed to as as a reasonable individual. Why? Watching the video it's pretty fucking obvious that if they had been pulling in at an appropriate parking lot speed they would have had PLENTY of time to stop / slow down to avoid hitting the opened door. Instead they were cruising in at 15mph with their flat bill cap on and had the reaction time of a three toed sloth.

The guy who was parked was a stationary object, and had every reason to expect other drivers to act responsibly in pulling into adjacent spots.

Sorry OP if this rustles your jimmies, but you're a shit ass driver and I hope you get an at fault surcharge to teach you a fucking lesson.

>my dad works for
>my uncle works for
>my friend works for
>I work for

I don't know about burgerland but in most civilized countries there are laws for shit like this.
>driver is at fault for speeding and not being able to react in time
>the other is at fault for not paying attention
>each is responsible for fixing its own car

Also what do you mean
>I don't know what this question has to do with passing a driving test

You guys don't need to past a written exam before you take your drivers test in order to prove that you know the laws?

>I'm in the insurance industry,
We can tell, with your Goldstein-tier litigious logic

Doubt all you want, but I'm literally shitposting while procrastinating on finishing some homeowners quotes.

Why I bother trying to explain this shit to retards like you I don't know, but I keep doing it anyway. I'm not sure what kind of bullshit socialist laws you have in your country, but in the US insurance law dictates who is liable here. Insurance law varies widely from state to state.

Some have contributory fault, some don't.

In the state I work, it's certainly possible that some of the fault will be assigned to the guy who opened his door, but I highly doubt he'll end up being more than 25% at fault.

What that means is that the idiot pulling in is going to end up paying out his deductible and is probably going to get a 15-30% surcharge on his premium for 2-3 years unless he had an accident forgiveness provision of some kind included in his policy.

The guy who opened his door probably wont end up paying his deductible if he files a claim with dashcam guys insurance company the way he would if he were smart.

At that point it's up to the insurance companies to argue who pays what, and they'll try to subrogate against each other until someone decides it's not worth the time any longer.

he's on the line, big whoop. There's still plenty space for the driver to pull in since he just floored it into the space.

Oh, and yes we pass a written exam before the driving test. However, it's only about 30 questions long and covers basic shit like right of way in intersections and how to respond to emergency vehicles. You take it one time when you get your first drivers permit and never take it again as long as you live, regardless of what state you move to.

Each state has a lot of autonomy when it comes to traffic laws, so people generally don't know what they fuck they're doing.

Then again, every 16 year old asshole can afford to own and drive a car in the US unlike your fascist shithole so I'll take the risk any time, because I know how to use the system to my advantage when some shitlord decides it's cool to pull into his parking spot at 20mph because he's so eager to stuff a $3 burrito into his fucking face and hits my door.

Are you retarded? Parking lots follow different rules than the street.

Happened at my school parking lot in HS between 2 close friends. It was roughly a 50 50 through insurance. Always glance your mirrors before you open your door

I don't even need to watch the video, doesn't matter how fast he parked, there are no set "parking speeds" it's your job as a motorist to look before you open the door, simple as that.
Had that been someone opening their door on a motorcycleist this wouldn't even be discussion.

Stop calling left wing countries fascist. It's fucking annoying and doesn't help the American right look intelligent at all.

As for what you said it's entirely accurate and I can confirm

First you say that the driver is totally at fault.
Now you say that the fat guy is a little at fault.
If we keep this going we'll end up with a 50-50.
Both of them were in the wrong.

Really? That is the first time I hear that.
In my country the rules are the same but the speed limit is lower.

I should have used the term totalitarian, please excuse me.

Depends on how you want to define fault.

If we're talking fiscally, like from an insurance perspective, it depends on the state. Some states the driver will be 100% at fault. Some the fat guy will be a little at fault.

If we're talking socially, in my personal opinion the driver is 100% at fault and should be subjected to enormous public humiliation for driving like a fucking assclown.

In most places in the US, legal authorities like the police don't assign fault in a parking lot accident because it's private property. Who is at fault is determined by the insurance companies using state law as a guideline.

>Shit driver detected
Parking spaces are wider than cars for the exact reason of being able to open the doors without encroaching on the adjacent space

the question of fault depends.

the dashcam guy was in control of his vehicle. he seems to have slammed on the brakes in time so that the door didn't go flying into the restaurant.

the other part here is who was in control of the door? did the person in control of the door make a wise decision to open it without checking his mirrors/over his shoulder? what if there was a runner running to the restaurant at a similar speed as that car was driving? would the runner be seriously injured and would the runner be at fault?

Yea and they make them wider than necessary in this case. You can thank coupes for that.

You look in your mirror first when opening the door after parallel parking. Simply start doing it every time you park.

And state laws considers it the duty of the driver opening the door to check before opening into any area that may have moving traffic, like a open parking spot.

You sound like the reason its so shitty dealing with insurance agents.

can we get a source on these state laws please?

>claims to be an insurance agent
>doesn't know shit about traffic laws

Yeah, this checks out. I would not have believed him if he knew what he was talking about.

here's an article about this quora.com/Driver-A-parks-and-opens-his-car-door-without-checking-the-mirror-Driver-B-crashes-on-that-door-Whos-in-the-wrong

if the dashcam driver was speeding and the door flew into the restaurant that's even more responsibility on the guy opening the door. watch what you do with the fucking door, it can kill someone. don't just throw it into traffic like a moron.

Traffic laws don't mean shit to an insurance company.

We have our own rules, insurance law is its own thing.

Traffic laws are for traffic cops.

Texas Transportation Code § 545.418. Opening Vehicle Doors -

A person may not:
(1)open the door of a motor vehicle on the side available to moving traffic, unless the door may be opened in reasonable safety without interfering with the movement of other traffic; or
(2)leave a door on the side of a vehicle next to moving traffic open for longer than is necessary to load or unload a passenger.

2010 Maryland Code
TRANSPORTATION
TITLE 21 - VEHICLE LAWS - RULES OF THE ROAD
Subtitle 11 - Miscellaneous Rules
Section 21-1105 - Opening and closing vehicle doors.

(a) Opening door.- A person may not open the door of a motor vehicle on any side available to moving traffic unless:

(1) It is reasonably safe to do so; and

(2) It can be done without interfering with the movement of other traffic.

(b) Failing to close door.- A person may not leave a door open on any side of a vehicle available to moving traffic for any period longer than necessary to load or unload passengers.

2010 Pennsylvania Code
Title 75 - VEHICLES
Chapter 37 - Miscellaneous Provisions
3705 - Opening and closing vehicle doors.

§ 3705. Opening and closing vehicle doors.
No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
Shall I post more, they all say the exact same thing.

>hat guys car was already stopped
>no reason for driver to expect fatty to open his door at that moment
>100% in the wrong
if you can't look out the door before you open it you're a fucking child

You are full of shit.
Just leave before you get BTFOed even further.

>traffic law dont mean shit to an insurance company.

You literally are pants on head retarded. If you do work for an insurance company your probably nothing more then agent.

Says the maggot defending the one storming into the parking spot like it's a fucking race.

VEHICLE CODE - VEH
DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. )

CHAPTER 9. Stopping, Standing, and Parking [22500 - 22526] ( Chapter 9 enacted by Stats. 1959, Ch. 3. )

22517.
No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

How do you niggers interpret this text? Does it say anything about how fast the other guy is going?

>doing fucking like 30 in a small parking lot
The dumbass with a dash cam.

Different Insurance guy here. Spent 2+ years as a Claims Adjuster and only quit recently because fuck that life.

9 times out of 10 the guy opening the door is going to be found at fault, unless there is clear evidence showing the parking driver was in some way negligent (surveillance/dashcam footage, driver's admission in a statement) because these accidents are very common and in most cases the person opening the door gives the driver zero time to react, regardless of their speed. This is why it's the duty of the person opening the door to make sure that they only do so when the action can be done with reasonable safety - otherwise people could just throw open their doors at any time without caring at all.

>30
either you're a fucking 14 year old who never drove a car or you're just simply and plainly retarded.

I blame the moron who parked that Solara. But the dashcam driver would be fault for going so fast.

>implying that's anywhere near 30

That's far faster than the 10-15mph he should be going.

In this particular case though, I'd say it's a 50-50 split between the two of them. The driver with the dashcam is clearly traveling too fast, but the guy opening the door should have checked before opening his door. Even (especially) if there was a speeding car coming towards you, it doesn't give you the right to open the door.

Here's a similar example - people who are at fault for turning onto a road from a driveway/parking lot and causing an accident are often adamant that they're not a fault because the other car involved was speeding. Even if it could be proved that the car driving on the road was speeding, the car leaving the driveway still holds the majority of fault for failing to yield the right of way to the vehicle on the roadway. They should have seen the speed of the oncoming car and not proceeded to take the turn until the speeding car had passed, because their turn could not be done so safely. Same principle applies in OP's accident.

*State laws apply, YMMV.

Congratz. You all failed.
Please don't drive without knowing the laws.

so because he was going 2 mph too fast it's his fault? are you telling me that if he was going 10-15mph and some idiot jumped in front of his car and died it wouldn't be his fault, but if he was going 20mph and same thing happened it would be his fault?

I have a question for you all. Is there any way the dashcam guy wouldn't have been 100% at fault if they didn't have a dashcam?

There is no way Dashcam Guy is 100% at fault with or without the video due to the nature of the accident.

Both, guy was pulling in too fast and the other guy didn't check for cars

YALL RETAWDED. DEYS BE FUKKAN INSURANCE RULES ABOUT ALL KINDSA ACKSIDENT

SHIT BE WROTE UP ALRDY

GODDAM UNEDUCATE MORANS

Q'uindarious, please! We're trying to have a rational discussion here.

1.) Driver was going too fast and should have pulled into the spot slower.

2.) Guy exiting car clearly wasn't looking when he opened the door, he just popped it open. It's not hard to keep your head turned and push the door open and exit, you don't need to turn, check, then face forward, fling the door open, then exit.

Good thing it's private property and this would be a civil matter at best. No one can be charged, and Insurance companies wouldn't bother waving dicks over the minimal damage that was caused to both vehicles.

It would depend on the resolve of each individual - both are stupid fucks, it's just a matter of who is more determined.

doesn't matter how fast or slow he pulls in. you can get the door thrown at you while going 5mph and still hit it because not enough time to react. the guy had about 1 second to react if you look at the video.

Congratz. You failed.
Please don't post without knowing the global rules.