Car accident?

Question:
i was just driving down this street and some lady was getting out of her car and she hit my passenger side window and smashed it! Obviously she hit me but legally, whose fault would it be considered?

Answers:

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She failed to yield the right of way.

How can i tell this friend about his driving?

It depends on your state's laws. Some would say you hit her car. Was there damage to her vehicle? I would think maybe you were driving too fast if you couldn't avoid it. I am in New York-- we have what we call "no fault" insurance. If you have glass coverage on your insurance, it is paid for by the ins. co. no matter whose fault it was. Was there a police report filed? You need it for any insurance claims. "Legally"-- a policeman would have told you who was at fault. Good Luck!!

So my driving test is in 2 hours. =[?

This would be considered to be her fault as you were already passed the point of contact. If she had opened her door, then you hit her door, then it would be your fault. It all comes down to point of contact. She hit you with her door. Not you hit her door with your window

Where are they finding parts for their cars....?

This is the same scenario that applies sometimes when a driver opens the door in the path of a cyclist.

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Here in Australia, the car driver is deemed at fault. Check the mirrors first folks!

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A variable example can be made sometimes in similar cases at court, if the closing vehicles was deemed to be going too fast for the prevailing conditions. "Contributory damages" then come into play.

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But generally, check first before opening le door.
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