WA Car Park Accident - Am I at Fault?

[cnoonan]

Hi,

I was in a car park accident the other day where my car was parked and I started to open my door when another car decided to drive into the bay next to me. As a result of him not turning into the bay with enough clearance he hit my car.

My car door was approximately 3 inches open when he hit me and now my insurance is claiming it is my fault. The other driver admitted fault and his insurance seems to agree with him, but now I'm not sure what to do.

The other driver would have hit my car whether my door was ajar or not as he hit the edge of the drivers door at a 45 degree angle at some speed.

Am I at fault?

 

[Rob Legat - SBPL]

Based on your statement that the other car would have hit yours whether your door was open or not, I'd say you're not a fault. That's a question of fact, and I can only take what you're saying at face value. If the other driver has admitted liability, and his insurer has agreed, I'd go back to your insurer with those points and ask them to review the claim.