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After an accident, the insurer of each vehicle will make a decision regarding who is at fault for the accident. “No fault” insurance, in states where it exists, applies only to medical costs. In all states, if there is an accident, there will be a determination of liability – and it may not be what you expect.

In many cases, responsibility is clear, such as when one car rear-ends another, or if someone hits a parked car. But in some cases, the standard for finding liability may surprise you.

For example, say you have parallel parked your car along the curb. You open the door to get out, then remember that you forgot to get something out of the glove box. You reach over, open the box, take the item and close the box, having left the car door open for, say, five seconds. You turn back toward the door to get out and Wham! someone driving too far to the right (and you suspect speeding) takes off your door. Had you not forgotten your item, you might have been taken along with it with much more dire consequences.

Whose fault? Probably yours, even though you were legally parked and your door had arguably been open long enough for the other driver to see and avoid it. The legal reasoning is that the other driver was proceeding with right-of-way and your open door was improperly obstructing the road, no matter how long it was open.

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