I'm a taxi driver, I got a call to go pick someone up at a big hotel and a uber driver was driving in front of me and the person stopped i had to stop too because i was driving behind him. The person got our of his car left his door open went to the back of his car and went to go get luggage out of the trunk. i saw a gap i could go thru but he left his door open shop it was risky I took the opportunity but failed to execute and hit his door a little we ended up going thru the insurance and his insurance doesn't want to pay I don't think it was my fault because he left his door open.
I'd like to know who you think it's at fault please.
The Guru Take
"Due Care" is what matters
I am so sorry to hear that you were involved in the accident and put into such a situation.
First a disclaimer. I am not a lawyer (i.e. IANAL); I do not practice law, I am not providing a legal advice, and I do not have enough information to provide a recommendation! (Remember, I am not a “guru” or expert on law!) With that said, I will share from my experience.
The short answer to this (who’s at fault) is that it very much depends on the circumstances. This example of a car hitting an open door is an example where the laws (say, the car was parked legally, you were driving under the speed limit, etc.) or simply looking at the door and car cannot be easily applied to determine who is at fault. You need to look at the circumstances on how it happened, what people were doing, were people paying attention, etc.
What this will most likely come down to is the determination of the “due care”:
“Due care refers to the effort made by an ordinarily prudent or reasonable party to avoid harm to another, taking the circumstances into account. It refers to the level of judgment, care, prudence, determination, and activity that a person would reasonably be expected to do under particular circumstances. This standard is applied in a vast variety of contexts, whether the duty may be driving on the road or performing a background check. The precise definition is usually made on a case-by-case basis, judged upon the law and circumstances in each case.” (https://definitions.uslegal.com/d/due-care/)
Hence the questions you should be asking are:
“Was I paying attention? If so, was I exercising enough caution? Did I try my best to avoid the collision? Did he open the door without paying attention? Did he carelessly leave the door open? etc.” All of these will factor into how the judge or others will determine fault.
I understand that this is a tough place to be, and it may come down to a scenario where it’s your word against his. I will leave some examples and make more comments below. Good luck!