Liability for Damage? Discover your rights

Questioner

While parking my car in a row of parking spaces (perpendicular parking, so perpendicular to the roadway), the car to my right was so careless as to swing open its door without looking. As a result, because I had no opportunity to brake, I smashed its door. The insurer has indicated to me that, because we both performed a special operation, there is a question of shared fault. In my opinion (common sense) this is unreasonable, since my speed was so low due to the perpendicular parking that the other driver could have seen me without difficulty. Only because of his inattention I crashed into his door. My question is therefore, is the insurer actually right and are both drivers therefore liable?

Lawyer

In principle, both parties are liable in a special transaction, so that a 50-50 division is obvious. It depends on the circumstances and evidence (witnesses etc.) whether you can be held liable. If you send me the claim form, I can assess the situation.

Questioner

Thanks for the above answer. Unfortunately there are no witnesses of whom we have noted things. Personally I think that the blame lies with him, since he was not moving and I was, which put me at a disadvantage; no matter how well I looked, I could no longer brake. With him it was the opposite; if he had looked, he could not have done otherwise than see me. What other specific information do you need to better assess the situation?

Lawyer

I can well imagine that you think it is not your fault. Depending on the claim form, for example, the situation could be explained differently, but the fact remains that you must be able to substantiate it with evidence. If you have no witnesses or other evidence, then unfortunately you are not in a strong position. I therefore fear that there is then a question of shared guilt.