Legal Question in Civil Litigation in Georgia

I took my family to the local kroger to pick up groceries after church. Everyone in the car had gotten out expect my daughter she opened the car door to exit the vehicle and a car pulled into the parking spot next to us and practically took my rear passenger door with it, the door was damaged so badly it couldnt close. The officer at the scene says this is a private property accident and each one of our insurance companies would pay the claim for each vehicle. this upsets me because this would be an at fault claim on my driving record. Can someone tell me how a moving vehicle can hit a parked vehicle and it be partially the fault of the parked vehicle. I live in Georgia and get this i sell car insurance for a living.... go figure!!!!

Asked on 8/22/10, 11:48 am

3 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

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Just because there is no police report in your favor (or tickets issued) does not mean you cannot sue the driver of the other vehicle to recover your loss. I strongly recommend you hire a Georgia civil litigator to discuss you options.

Best of luck.******The above is for informational purposes only and does not create an attorney-client relationship.*******

Answered on 8/27/10, 11:55 am

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Scott Riddle Law Office of Scott B. Riddle, LLC

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Sure we can tell you - it is pretty obvious. If someone hits a properly parked, non-moving vehicle, you may be correct. From your post, that was not the case. Th car was not simply parked as you state, but instead the car door was opened in the path of an oncoming vehicle. If you think a driver or passenger can open the door without regard for other cars, bikes or pedestrians, you are very wrong. No one here can reconstruct the situation based on a couple sentences, but you could find yourself paying for a lawyer, and you (or your insurer) paying for the other person's car as well.

Answered on 8/27/10, 12:02 pm

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