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cool-newt-404

Driver pulled into a space and hit my open door — now I'm being blamed??

I'm honestly so frustrated I don't even know where to start.

I was parked in a downtown surface lot, a regular pull-in spot. I had my door open maybe halfway because I was literally in the middle of grabbing my bag off the passenger seat before stepping out. Another car came swinging into the empty space next to me without slowing down AT ALL and straight-up smashed into my door.

The damage is pretty telling if you ask me — my door is bent outward, the hinges are warped, and the other car has a dent on its front quarter panel that matches up exactly where my door was sitting. Like, physics don't lie here.

But my insurance adjuster called yesterday and basically told me I'm being held responsible because I "had a door in an active traffic lane." I was in a parked space. My door wasn't in a traffic lane — it was open into an adjacent parking spot that was empty when I pulled in.

I haven't signed or agreed to anything yet. I told them I needed time to think.

A few things I'm wondering:

  • Does the damage pattern actually matter when they're deciding fault?
  • Can their driver really claim zero responsibility for not watching where they were pulling in?
  • Is it worth talking to a personal injury attorney, or is this more of a property damage situation where that doesn't apply?

I do have some photos and a rough diagram I drew of the lot layout. No witnesses that I know of, but there might be a camera on the building nearby — I haven't checked yet.

Has anyone dealt with something like this? I feel like I'm being railroaded.

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