Legal Question in Traffic Law in Pennsylvania

parking lot accident

My car was parked in a parking lot stall and I was exiting the car - looked around, no cars in sight, opened the door, got out of the car, and then another car came from behind and hit the driver's side door of my car doing some damage to the door rim. It actually just barely missed me. The driver of the second car was very apologetic, she said she was very much in a hurry and wasn't looking. Me called the police, they made an accident report, that was it.

Now the insurance company of the driver of the other car called me to tell me I was responsible for the accident bacause by Pennsilvania laws the person getting out of a car has to watch out for other vehicles. I am fine with that statement in principle but I was already out of the car and the door was already wide open when the second car struck it, which is evident from the damage.

Are they right about the laws applicable to this situation or I might have a chance getting them pay for the damage to my car? Any advice 'd be greatly appeciated.


Asked on 12/18/06, 5:41 pm

1 Answer from Attorneys
Jay Hochberg

Re: parking lot accident

Like you say, the legal principle is sound, but doesn't really apply to your situation. From your description, I would say that the other driver is at fault. Given that this is a property damage only case, my guess is that most attorneys would not find the case economically valuable enough to represent you.

I suggest two steps. First, see if your insurance company will do anything about the situation. If, for example, the other driver makes a claim against your insurace, then your insurance company would represent you at an arbitration and you might recover costs that way.

Second, you could obtain the other driver's information from the police report and file an action in small claims court. The filing fees are generally under one hundred dollars and the court staff at the first filings unit are usually willing to sit and help you through the process.

Good luck.

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Answered on 12/18/06, 6:11 pm


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