• Welcome to SVTPerformance!
ATTENTION!
You may experience intermittent issues while accessing the site over the next 60-90 minutes, as we perform maintenance and upgrades.

Questions....Somone opened a door into my car in a parking lot?

Discussion in 'Donut Shop' started by NinoAvila, Mar 28, 2009.

  1. NinoAvila

    NinoAvila Who's awesome....YOU ARE! Established Member

    Messages:
    842
    Joined:
    Apr 11, 2005
    Location:
    Edinburg, Tx
    I have always been curious: At what point (level of damage?) can/should someone involve the police for damage done to your vehicle in a parking lot? I say to involve the police because in order to make a claim (on either party's insurance), I'd have to have a report. This is all assuming the police will take down a report that is.

    To some people a door flung open into their car is no big deal. To some (like me) it is. I make a point to always park out of the way and very straight. I have new paint and I strive to make sure my car is meticulously maintained. It's a hobby. Regardless of how obvious I make it that I don't want my car hit, there are idiots who don't care and think nothing of dinging a vehicle with a door.

    Up until 2 days ago, I've NEVER had anyone open their door into my vehicle. I came out of the store after picking up a prescription and noticed someone parked next to me (truck) very crooked. I noticed that the passenger of the truck opened his/her door right into my side-scoop. I parked on the far-end of an end spot and the truck next to me was parked crooked and right on the line. I know it was the truck that hit me because I could see that the truck passenger door had clear and a bit of red right where his door/my scoop meet. It left a noticeable scratch (that will buff out), but no dent....it got me to thinking.

    I park in a way that's very obvious that I'm trying to be careful (I don't think that part matters). Say I'm somewhere and I come out to my vehicle and notice a dent/scratch in my front/rear quarter panel. There is a vehicle next to me and it's obvious that the vehicle next to me is responsible for the damage (I can see my paint in his door).

    If someone dents/scratches my car, am I supposed to suck it up and just deal with it? If so, what if it were the same scenario only I was driving a classic or some exotic?

    Can I take down a plate (in case they leave or think they don't have to stick around) and have the police take a report after they're gone?

    Should I expect that their insurance (assuming they have it) would be responsible in covering the cost of getting the dent/scratch fixed?

    I realize that accidents do happen and even if you're trying to be careful, sometimes wind or careless children make doors do things you don't intend for them to do. But in the end, it's still damage to your vehicle that someone else caused that leaves your vehicle with something that was not there prior. I always try to park in end-spots where I can get way over to the side without taking up 2 spots to leave more than enough room for swinging doors. I also try and park where there is an empty bunch of spaces even if it means me walking a bit unless it's in a low lit area or somewhere where I think something may happen.


    Thanks,

    -N
     
    Last edited: Mar 28, 2009
  2. Tom's_03SVT

    Tom's_03SVT Well-Known Member Established Member

    Messages:
    7,886
    Joined:
    Mar 9, 2005
    Location:
    Oxnard, CA
    I know when I lived in CA it was $600. Honestly, for what it cost to get body work done that would pretty much be anything requiring paint.

    you can always make a claim against an insurance company damage is damage, but you better have a witness or pictures because I'm sure they will fight it tooth and nail.
     
    Last edited: Mar 28, 2009
  3. NinoAvila

    NinoAvila Who's awesome....YOU ARE! Established Member

    Messages:
    842
    Joined:
    Apr 11, 2005
    Location:
    Edinburg, Tx
    Any (other?) LEO's have to deal with this sort of situation? I'd like to hear more.

    Thnx

    -N
     
  4. drews01cobra

    drews01cobra I fly really low.... Established Member

    Messages:
    168
    Joined:
    Mar 30, 2009
    Location:
    Manteca, CA.
    In California, which is the only state I can comment on, If the collision (damage resulting from the impact of one vehicle to another) occurs on private property, the police cannot find anyone at fault unless it was the result of a criminal act, where upon the offending party would probably be arrested. On private property, it is a civil issue only and the police are not required to take a report. This was voted in by the people about 20 years ago. The action required is an exchange of person, vehicle and insurance information between the two parties, then contact your insurance company when you get home. Once again the police are not required to take a report when it occurs on private property, and because it is considered a civil issue only, are not allowed to find either party at fault. I hope this answered your question.
     
  5. Mustanger

    Mustanger New Member Established Member

    Messages:
    308
    Joined:
    Dec 1, 2006
    Location:
    Oregon
    But they still give tickets on private property so why can't they write a report? (Not sure of all the parameters for tickets on private property but I KNOW for a fact you can get one!)
     
  6. drews01cobra

    drews01cobra I fly really low.... Established Member

    Messages:
    168
    Joined:
    Mar 30, 2009
    Location:
    Manteca, CA.
    Yes, in CA you can get a citation on private property open to public access, such as a mall parking lot or your local Safeway lot. A parked vehicle will not receive a citation in the driveway of a residence, different kind of private property. Also, the citations you can receive in a parking lot are administration based, such as expired registration, or for any type of misdemeanor crime, such as reckless driving, speed contest, etc.... Stop signs and other vehicle code violations ARE NOT enforced in parking lots, unless it is roadways into large shopping malls, the road has a street name, that is usually a dead giveaway that it is maintained by the city, or unless the property owner has entered into an agreement with the city that vehicle codes will apply in the mall and then, it must be posted at each entrance.

    Please remember that California voters voted into law the no-fault initiative that states that incidents between vehicles on private property will be handled civilly and no traffic infraction has occurred. Because of this, police are not required to take reports on private property because no infraction has occurred, thus they cannot establish fault. Please feel free to correct me if I am wrong and I will research any point and get back to you. you are also welcome to message me.
     
  7. fiveohpoepoe

    fiveohpoepoe Active Member Established Member

    Messages:
    2,706
    Joined:
    Apr 19, 2005
    Location:
    Winston Salem,NC
    Its called a police service report here.No criminal violation,but more of a courtesy report.It would basically say car a,s door hit your car on the xxx causing approx xxx in damage.You can take that to your ins and or to the other ins co.Most of the time its not a major issue,but again,leo cannot charge someonebeing it is an "accident".People do not care obviously and would not think twice about moving the majority of the time.They open the door,hit your car,and go right in to conduct their business.I parked way out in left field at a grocery store with NO cars within a good 75' or so.I came out and an older lady parked next to me.As I was getting in my car,she was staring at me.I asked her if there was a problem, and she told me she wanted to make sure I didnt open my door into her car.I asked why she parked so close then and just walked away.Idiots:fm:
     
  8. 1saleen

    1saleen New Member

    Messages:
    4
    Joined:
    Jul 8, 2005
    Location:
    Chicago
    I have actually seen someone charged with a hit and run or something for this. It happened while I was a bartender. One night A woman came in and door dinged a corvette badly. When the owner of the vette went to leave he noticed her car was parked at a odd angle next to him. As well as a large dent and his paint down the side of her door. The vette owner came back in and tried to figure out who's car it was next to his. When none would step up he had my manager call the sheriff's. The sheriffs arrived figured out it was the women car. And she was either charged with hit and run or damage to property. This all happened just outside Chicago, the laws might be different here.
     
  9. fiveohpoepoe

    fiveohpoepoe Active Member Established Member

    Messages:
    2,706
    Joined:
    Apr 19, 2005
    Location:
    Winston Salem,NC
    By NC law,its not considered a hit and run because the car was not in motion.It would be very tough to prove the intent to actually damage the other car...If I opened my door and scratched your car on purpose.
     
  10. NinoAvila

    NinoAvila Who's awesome....YOU ARE! Established Member

    Messages:
    842
    Joined:
    Apr 11, 2005
    Location:
    Edinburg, Tx
    Finally had time to come in and respond.

    What I'm looking for are what actions I should take if and when my vehicle gets dinged by another car and I know and who did it (if any?). I'm sure video and pictures would be helpful, but what level of "proof" do I need to take action. What sorts of legal action should I take?

    What if I witness someone open their door into my car and:
    ...I don't witness it, but it's obvious (tires are over line and the door matches the ding in my door).
    ...I witness it and they say "I'm not fixing that, bye..." and they take off.

    I'd rather know this information up front. I doubt I'll use it often - or at all, but I want to be prepared. I am not sure what to do when this occurs.

    Again, I'm in Texas and this applies to parking lots.

    Thanks for the replies!

    -NiNo
     
    Last edited: Apr 6, 2009
  11. Black*Death

    Black*Death Sleeping Established Member

    Messages:
    3,202
    Joined:
    Mar 17, 2008
    Location:
    South
    I'll play armchair lawyer and say pics of your car, the offending car with the paint scuffs on the doorand hopefully a pic of your car parked next to their's should be enough? Most "experts" say to carry a camera in your car for accidents.

    More than one time a person has claimed more damage during an accident than was actually done in an attempt to get everything fixed on their vehicle.
     
  12. Iceman II

    Iceman II Right Behind You! Established Member

    Messages:
    2,036
    Joined:
    Jan 17, 2006
    Location:
    Texas Hill Country
    I think you may have a case of Criminal Mischief or Reckless Damage or Destruction, under PC section 28.03. In it, the person must Intententionally or Knowingly cause damage to tangible property. It would be hard to say they didn't know they hit your door.
    If you witness the damage or have a witness, get a police report made, this way it is documented. Get at least two/three estimates and give it the other party.
    If they don't want to pay up you may want to opt for small claims court. Or see what your local county prosecutor may suggest.
    I know it may seem like a minor call for the police, but I think you have every right to file a report. After all, there wasn't damage there to begin with and they should fix their mistake.
     
  13. rubber duck

    rubber duck Member Established Member

    Messages:
    784
    Joined:
    Sep 3, 2007
    Location:
    Chicago
    Illinois also has a no fault policy on private property accidents. Although it's possible that she was charged with hit and run if it was determined that she was driving the vehicle when she hit the vette. That incident is much different than the situation the OP is describing though.
     
  14. carrrnuttt

    carrrnuttt My shit don't stink Established Member

    Messages:
    7,605
    Joined:
    Aug 4, 2003
    Location:
    Phoenix, AZ...hot sun, hotter girls
    This is why it's always a good idea to always carry a camera in your car if your phone doesn't have a decent camera on it.

    I am sure that pictures of your scratched/dented car, with a picture of the other vehicle showing your paint on its door, would go a long way with proving fault to your insurance company and/or small claims court.
     
  15. 9BABCobra8

    9BABCobra8 Member Established Member

    Messages:
    247
    Joined:
    Mar 21, 2009
    Location:
    Houston, TX
    I think that here in Missouri, the owner of the car is charged. its their property. Either they were driving or they knew who was driving their car. unless it was "stolen"

    I have seen a hit and run thrown out because the victim could not truely identify the driver even though he had plate #'s and all... so who knows
     

Share This Page