Car accidents & insurance? If you are stationary & someone else hits you, how can it not be their fault?

The other day my partner pulled over to see to our baby who was in his car seat in the back. Another motorist driving past clipped his door with her wing mirror - sending the mirror flying off & bending his car door slightly. (the mirror also hit him hard on the leg)

She got out and gave her insurnace details and he noticed she had a large bandage covering her nose (like she'd broken it or had a nose job!) he said there's no way it couldn't have impacted on her vision

Anyway, she is saying the accident was his fault and currently her insurance company are saying they are "investigating it" so he hasn't been able to get his car fixed (he doesn't hold fully comp insurance)

He was stationary with his hazzard lights flashing - can she get away with blaming him?

Thanks
Additional Details
her wing mirror broke off and flew into his leg.

He was pulled over to the curb on a road (not busy) where cars are allowed to park along (there are marked bays and he was in one of them)

fire4511

You are required to keep your vehicle in full control at all times. If you hit a stationary vehicle or object, no matter if it is in a travel lane or parked illegally, you are at fault.

While he most likely should have pulled into a safer place before stopping, she is the one that hit a stationary vehicle. She is at fault. She did not have full and complete control of her vehicle, and she hit a stationary object.

The only time a parked vehicle is at fault when it is hit is if it is hit by a train.

Blink.

If the mirror hit him on the leg then it sounds like his door must have been open. If that's the case, she could claim that he opened it in her path.

Enigmagic

I would say she possibly could, if he had pulled over in an unsafe place, say on a main road and not sufficiently close to the curb. Its almost certainly the insurance company who are being *rseholes about this rather than her personally.

Bardic

Although it is accepted that the moving vehicle is at fault, there are a couple of things in what you say. First of all, hazard lights are not "park anywhere" lights, it's irrelevant, so disregard that. Secondly, you say she bent his door and her mirror hit him on the leg - sounds very like the door was open, and she may well claim, rightly or wrongly, that he opened the door right in front of her and there was nothing she could do.

Looks like it's going to come down to "he said this," "she said that" sort of thing.

oklatom

Stationery with hazard lights on doesn't necessary mean not to blame. If you were stopped blocking, however slightly, the driving lane and/or opened your traffic side door, you have at least part if not all of the blame. I fail to see how the mirror could hit him on the leg if his door was closed and the window rolled up.

^_^

What a pants situation to be in, but unfortunately, the other driver may very well have a leg to stand on so to speak. It all depends where your partner stopped, how far off the road he was, if the door was open or shut etc. It will probably swing in your favor but be prepared for it not to just in case.

Good luck and I hope it goes your way, it deserves to.

rob412776

All insurers will start of saying they are investigating and will not admit liability straight away. This gives them time not only to get the facts reported by you but also the facts from their policyholder. At this point they can look at the fact s and decide how to proceed. They could say that the door being open was a hazard and therefore agree to settle 50/50, I don't think they will be able to get out of all the liability but they could get shared costs. It all depends on what their policyholder says. If she mentions the door this is likely to be a bone of contention, If she states that her conk bandage was the reason they may just hold their hands up! Doesn't sound like a big claim so I don't think they will haggle too much, It wont be worth it.

Ray J

It would all depend on if he was in the roadway. If he was parked with the car in the travel lane then he may very well be found at fault. Just because he is stationary does not necessarily mean he is not at fault. If a person parks in the middle of an intersection even though he is stationary he would be at fault.

jtexas

"...clipped his door with her wing mirror...the mirror also hit him hard on the leg..."

His door was open -- of course it's his fault.

Or else it's a convertible -- either way, a person caring for a baby needs to use better judgement than that.

Lou F

Baby Berry . . . always eating!, There are lots of sites where you can get an online quote. http://www.autoadviceonline.com/Auto-Insurance-Quote.html It only takes roughly 10 minutes to do.

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