Legal Question in Personal Injury in California
Liability
A passenger in one of the taxi cabs that I own, opened his passenger door illegally into traffic, drivers side, and struck a passing vehicle. Who is responsibly to pay for the damage to the passing vehicle? As well as who is responsible to pay for the damage to my vehicle?
2 Answers from Attorneys
Re: Liability
Here, it mght be that neither driver is at fault. The only negligent party might be the passenger, although, it could be argued by the other vehicle that the cab pulled over in an unsafe spot or didn't warn the passenger. Or the cab owner might argue that the other driver was too close. Certainly, each vehicle's collision coverage should take care of this, less deductibles. Then, it becomes a question of whether one of the drivers will sue the other driver or the passenger, or persuade the other owner's carrier that he is at fault. Fault could well be apportioned. The passenger may be hard to reach unless he has umbrella or some kind of general liability coverage. In the case of a cab, you might not know who he/she was, so that could be a moot point. Proper assessment of this would require police reports, diagrams, statements of those involved and maybe even photographs of the location to take it any further. Livery regulations could get involved.
Re: Liability
You may be liable for the damage to the other car. Your insurance should be notified and pay for this.