Legal Question in Insurance Law in Pennsylvania

Parked motorist opened door into wife's vehicle as she parked

**Please let me know if this should be cross-posted under TRAFFIC LAW.**

My wife was pulling into a ''diagonal'' parking spot today, and as she was pulling in, the motorist to her right opened to door. The damage to my wifes car indicates that the door was opened AFTER my wife entered the spot, but before she was fully parked. The other motorist is claiming that his door was already open, but this is obviously untrue.

Who is to blame in this incident, and where would I find supporting legal information to prove to the other driver that we are not responsible for the damage to his vehicle? I'm in the state of PA, and I found nothing regarding such incidents on either the PA DMV website nor on PACode.com.

Also, what information should I get regarding this? It's too late to gather witnesses, as my wife and the other driver have already left the scene. All that they exchanged was contact information (names, phone numbers).

Any help would be GREATLY appreciated.

- Mark


Asked on 11/01/04, 3:20 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Parked motorist opened door into wife's vehicle as she parked

It sounds like the physical evidence supports your wife's story. If so its the other driver's burden to prove negligence on your wife's part. It is not defined by statute but rather by case law.

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Answered on 11/01/04, 3:57 pm


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