[Billfitz]

Originally Posted by jared21927

I also don't know how you prove the Nissan wasn't parking in that exact spot. Looks like he got out of view before we could tell.

The video doesn't lie. You can hear when the Nissan hits the door, ans see the camera shake as well. If ever there was an open and shut case this would be it.

[Elvisfan]

Originally Posted by Billfitz

The video doesn't lie. You can hear when the Nissan hits the door, ans see the camera shake as well. If ever there was an open and shut case this would be it.

It will be interesting to see what the insurance co. Sees.

[jared21927]

Originally Posted by Billfitz

The video doesn't lie. You can hear when the Nissan hits the door, ans see the camera shake as well. If ever there was an open and shut case this would be it.

We know that here, but I don't know how insurance determines fault. If i'm the Nissan driver i'd say, you see my car, my car is out of view, you hear a sound and see the camera shake.....how do you know that I caused that? You gotta prove he did that when the accident is completely out of view of the camera. Of course there are pictures, but if i drive the Nissan, i'd say you hit my car with your door. You were parked, you opened the door and hit my car. The law is really technical sometimes. Maybe for something like this, the insurance just sides with the BMW, but these technicalities are how I've seen many people get out of imminent trouble. It may be more cut and dry when it comes to insurance claims.

[Billfitz]

The still picture is worth a thousand words. One need not the deductive skills of Sherlock Holmes to understand what happened beyond a reasonable doubt.

[Elvisfan]

Originally Posted by Billfitz

The still picture is worth a thousand words. One need not the deductive skills of Sherlock Holmes to understand what happened beyond a reasonable doubt.

We know what happened. Again, she opened the door. I don’t think who is at fault is cut and dry. On the street, Bmw would be at fault.

[Pauloxxi]

Originally Posted by Elvisfan

We know what happened. Again, she opened the door. I don’t think who is at fault is cut and dry. On the street, Bmw would be at fault.

They are not on the street. People driving between parking lot spaces must be very careful. Nissan should not be driving by slots... The place for cars to circulate is another one in a busy parking lot.

[Elvisfan]

Originally Posted by Pauloxxi

They are not on the street. People driving between parking lot spaces must be very careful. Nissan should not be driving by slots... The place for cars to circulate is another one in a busy parking lot.

The question is whether Nissan was doing anything illegal. It’s not cut and dry.

[undertaker]

It's in Europe.. Who cares?

[RMachuca3d]

100% nissan.

[RMachuca3d]

Originally Posted by Elvisfan

The question is whether Nissan was doing anything illegal. It’s not cut and dry.

Absolutely its cut and dry.

100% nissan's fault.

[vmaniqui]

can't really tell might be 50/50 but I feel your pain. just hope the damage to your car is just on the door and no additional parts. as long as your wife is OK that all that matters. it could have been worst. good luck with your insurance company.

[AlmondJayRoM3]

Originally Posted by Elvisfan

We know what happened. Again, she opened the door. I don’t think who is at fault is cut and dry. On the street, Bmw would be at fault.

I agree. Nissan driver was an a-hole for sure but if the insurer is left to determine fault in a parking lot situation, they often times ask the question “if this happened in the street?” That would put fault on the BMW. Fault would almost always go to the one opening the door if it were just a car normally pulling into the parking space. Video definitely opens up the situation as you can argue that the Nissan driver was driving recklessly.

[floridaorange]

Nissans fault. Honestly they probably were not sober, this is just really dumb. Or on their phone.

[chowser51]

didn't happen on the street. it's in a parking lot. nissan at fault is how i would write the report.

[VidalBuffoon]

It'll be a 50/50, insurance companies won't allow it to go court. With a 50/50 both drivers lose out and the insurers lessen their losses with excess contributions and sharing liabilities.

I had a bump 7 years ago with clear evidence that the other driver was a fault, still hasn't been settled and I've never got my excess back.

[Gen13 F36]

Originally Posted by VidalBuffoon

It'll be a 50/50, insurance companies won't allow it to go court. With a 50/50 both drivers lose out and the insurers lessen their losses with excess contributions and sharing liabilities.

I had a bump 7 years ago with clear evidence that the other driver was a fault, still hasn't been settled and I've never got my excess back.

Speaking if this in California USA, Actually 50/50 is possible due to this accident happened on a private owned parking lot and not on a city property. If that really happened as I would sue for the rest on small claims court and with the video at hand Judge Judy will take care of this in favor of the BMW owner.

So this is totally depends on the OP local law.

[hollovoid7]

In the US, in my experience (I know a few people who have done this) if you cut across parking spaces, not to park, You can be pulled over. And insurance companies will side against you if you cause damage while doing this. Yes there isn't much on the books for it, but go ahead and try it in front of a cop a few times and see what they do.

I'd say with the video etc, the Nissan loses this one. But again, this is just from my limited experience from a different country so YMMV.

[3-GT]

Originally Posted by Elvisfan

She opened the door. I don't think who is at fault is cut and dry. On the street, Bmw would be at fault.

Agree
Rules of the road largely extend to public car parks because they are open to the public, even if owned privately. Hence why you still need insurance when in a public car park or you can be prosecuted for drink driving in a public car park.

Originally Posted by Elvisfan

The question is whether Nissan was doing anything illegal. It’s not cut and dry.

I believe this will ultimately decide the outcome.

[R33Madog]

Its ur fault. When u open a car door u must check to see its clear. Its not up to the driver to know that somebody is about to open the door. Driving through empty car spots is not a violation of the highway code

[Pauloxxi]

Originally Posted by Elvisfan

The question is whether Nissan was doing anything illegal. It’s not cut and dry.

The question is not about legality. The question is who's fault.
In my view it is Nissan's driver fault.
Nobody is doing anything illegal here.

[Elvisfan]

Originally Posted by Pauloxxi

The question is not about legality. The question is who's fault.
In my view it is Nissan's driver fault.
Nobody is doing anything illegal here.

So if the Nissan did nothing illegal, why is it their fault?

[illusionx]

Nissan at fault for crossing over parking spaces and not entering correctly. Shitty car prob has weak insurance too. Make them pay out of pocket for a new door.