Legal Question in Traffic Law in California

I was parked on a residential street, parallel to the curb. I opened my door a few inches to get out and a US Postal Service truck side swiped me so close that it took the colored panel off the lower part of my door. The colored panel extends about 1/2 inch from the door panel, so the truck was virtually parallel to my car and nicked it off. It did minor damage to the door fasteners, but no dents anywhere. The truck had to have swiped me virtually parallel to my car, or it would have really damaged my car. The US Postal Service says I'm at fault and does not want to pay the repair. Question - do I have a right to open my door a few inches without getting side swiped literally within inches?

Thanks


Asked on 3/28/10, 6:16 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

It sounds like you might have been at fault for not looking first before opening the door. Speak with your insurance agent to find out whether your policy might pay for some or all of the repair.

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Answered on 4/10/10, 5:21 pm


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