Legal Question in Personal Injury in California

My 18-yr old was pulling into a parking spot, ever so slowly, per my instructions, when the car next to us swung open her door so strong that it got stuck a bit. The other driver is insisting that we came in too fast and that her door was already open. I told her that I saw the whole thing and that her door was not open when we were pulling in. I also told her that if that was the case, we would have hit her door and our car would have been scraped but we have a big dent instead.

From the pictures, you can actually see a big dip or dent in the middle part, above the tires and scratches or scrapes are absent. She immediately said my daughter was at fault because she is a driver with a student permit only and that she was distracted because we had dogs in the car. We did have a couple of small dogs in the car but they were in the back seat with me and on a leash! My daughter has been driving for almost a year and is very safe and cautious. I was in the car and witnessed and yelped when this woman swung open her door with gusto. She said she already opened her door because her big dog (looked like 150 lb uncontrollable dog) was trying to get out of her small sedan.

I said I will look into a mediator or abitrator or someone who can help us resolve this or even small claims which is what the sheriff's office told me to do. She said if I do that, she will go to my insurance and my daughter's insurance will shoot up. She also said that her husband works for the Dept. of Insurance and that we don't really have a chance. Should I consider this as a threat? I am appalled and taken aback that she is telling me to pretty much just admit fault I am stumped. Do I take this to my insurance company? Do I get and estimate and take her to small claims or look for an arbitrator? Although my daughter and I are very confident that she is not at fault, I was told by a friend that parking lot incidents are 50/50 and I might not have a chance. While this might be the case, is one expected just to grin and bear and not fight this? Any direction is greatly appreciated.


Asked on 8/03/11, 3:33 pm

2 Answers from Attorneys
Joe Marman Law Office of Joseph Marman

Refer the defensive part of your case to your insurance company, and they will have an adjuster or an attorney review and defend it for you. You should take the claim part of your case to small claims court, and I believe you should win. If the other side has a claim, they would have to present it also in your same small claims court case. Good luck.

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Answered on 8/03/11, 3:51 pm
George Shers Law Offices of Georges H. Shers

Her husband's position has no effect upon the matter and if he tried he might get fired; your insurance rates only go up if you are found to be over 50% at fault for the accident. The damage sounds to be relatively minor and it is best not to get the insurance companies involved if the repairs costs are not much more than the deductibles.

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Answered on 8/03/11, 4:50 pm


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