[AnnieMei]

This was a posting that was posted to a local forum, but the incident happened in California. This is a direct copy of the original posters post to that forum. Just wanna see what you guys have to say.

Note; he has consulted lawyers (so he says) but, he obviously wants to hear what "joe public" has to say (if I was a lawyer, i would have told him to STFU about this and not post this to a PUBLIC Forum).

To make a long story short......

My car was legally parked along side a curb during rush hour which is about 1PM. I open my door like 2 inches, it clips onto a motorcyclist who is driving between a moving car and a parked car, causing him to crash into my door and then into another truck and then fall down ultimately damaging my car's driver side door, his motorcycle, and his knee which he broke.

I am now getting letters from his lawyer saying that I am responsible for his $50K+ hospital bill, not including damage to his motorcycle and whatever.

I have no car insurance. I am a working part-time student living on my own 3,000 miles away from home with credit card debt, no assets and no money, just barely getting by basically.

Does he have a chance against me in court? If yes, what should I do? I already talked with a few different lawyers but I want to know what your guys opinions are. If not, how long does he have before the case is closed? I mean I dont want to buy a house in 7 years and then get a lawsuit against me and risk losing my house or assets for something that happened to me 10 years ago that i dont even believe was my fault. That would suck. I know this isn't a legal website or anything I just want your guys opinion on what I should do.

In my opinion he shouldnt have been passing through a moving car and a parked car.. 'cause theres the risk of somebody opening the door and causing an accident. There's less risk of passing between two moving cars as opposed to passing between a parked car and a moving car. Btw, there is a police report, but they never asked me for insurance at the scene.

So what are your guys take. We've already dealt him some opinions on our own, but would like to see what you guys have to say.

 

[maci4life]

A door opened 2 inches would not clip a bike. his mirrors would clip the car first. This guy simply did not look when opening the door, and now has a case on his hands.

 

[firefighter81]

A door opened 2 inches would not clip a bike. his mirrors would clip the car first. This guy simply did not look when opening the door, and now has a case on his hands.

Agreed, seems pretty cut and dry, although our opinions might be slightly biased (for obvious reasons).

 

[AnnieMei]

And not having car insurance....

 

[RayOSV]

I have mixed feelings about this one even living in the land of lane splitting (CA). No rider in their right mind would split between the right lane of traffic and a row of parked cars. That's just wacko, IMO.

On the other hand, one shouldn't open their car door without looking. Now should they have to look for a motorcycle squeezing by? Maybe, since a lot of bicyclists ride in that area. Plus, no insurance is an absolute no-no in CA. Can't register a vehicle without providing proof of insurance. So either unregisterd in CA or canceled the insurance.

Seems like enough blame to go around. Also sounds like the cage driver wasn't cited or the cop would have checked insurance.

 

[R1Elvis]

anyone who is driving around without insurance should be sent to jail and do a 2 year mimimum. The reason the rest of us have such high rates is because these cockroaches get out on our highways, have accidents, and with no insurance, cant pay to fix their mistake. Then the innocent persons insurance has to pay, and then your rates get raised for the insurance companies to make back what they just spent, to get you back on the road. Its total B.S.

And before someone says " I can't afford it" , if you cant afford insurance, you can't afford the car asshole. Its a lot cheaper to insure your car, than to get sued and have a huge judgement on you, that you would be paying for years. Sounds like this idiot is going to have to pay at least 50k to the motorcyclist, and have his own attorneys fees... Now i beg the question, Can you afford insurance????
[/rant over]

 

[Rotty]

Since lane splitting in legal in lovely California, I would say the cage driver is at fault.

 

[Tiamat]

I dunno, this one is kinda touchy. First lets look and the cyclist. He really shouldn't have been splitting between moving and parked cars (I don't live or travel in CA, so I'm not privy to splitting lanes at all, but anyway...). Even though he was, he's still responsible for leaving enough room between himself and other traffic - imagine him riding directly behind someone, or tailgaiting.. if that vehicle in front of him stops quickly, he is responsible for making sure there is enough room for him to safely stop. If he were to rear-end that vehicle, he is at fault (at least here in MI). There was mention of a police report, but no mention if either parties were cited. My guess is the cyclist tried to sue the car drivers insurance company to pay for his bills, and found out the other motorist wasn't insured.

Now lets look at the motorist. #1, he's a stooge for not having any insurance. He obviously should have gotten a ticket for that, and would probably end up having his vehicle towed and impounded because of it. Yes, he should have checked more carefully when opening his door, but as he says, it was correctly parked (i'm assuming) on the side of the road where under normal circumstances, the flow of traffic would not have caused it to come in contact with another vehicle. If he would have had insurance, I doubt there would be any issue at all - accidents happen, and that's what insurance is for.

In the end, I'd still have to say it was the cyclist's fault for not leaving himself an out. As far as litigation goes, I bet the motorist is screwed.

 

[MotoTiller]

Seems pretty cut and dry:
"I open my door like 2 inches, it clips onto a motorcyclist who is driving between a moving car and a parked car, causing him to crash into my door and then into another truck and then fall down ultimately damaging my car's driver side door, his motorcycle, and his knee which he broke".
He just admitted fault, where's the controversy? 2'' or 2' either way he caused his door to clip a passing motorcyclist by opening it. Guess he should look next time before he opens a car door.

 

[AnnieMei]

His argument is basicall " he shouldn't have been riding between traffic and the side of parked cars ". Lane Splitting.

He doesn't state how long the bike was lane splitting (he may have just was going around 2 or three cars), however.

 

[madkat]

both are at fault but the guy shouldn't be driving without insurance. he is a dumbass. the motorcyclist is dumb too. its hard to place blame but they guy is screwed because he should have looked before opening his car door, he put it in the way of traffic.

 

[Seb656]

I think this is total bs If I open my door to get out an your dumbass runs into my car you should be the one paying this sounds like a dumbass motorcycle rider who wouldn't have gotten hurt if he hadn't been riding like a douche

 

[Smitty]

So forgetting the m/c splitting lanes. This same dim with does not do a shoulder check to make sure do vehicle is close to his parked cage, opens up his door to step out & wham he takes out a m/cist as the rider & bike shoot across the narrow 2-lane road to be severly injured by another cage driver coming the opposit direction.

So dim-wit has NO INSURANCE & does not want to be sued in later yrs or pay present damages & hospital costs. No insurance is simply asking for IT.

In this Province of B.C., Cdn one must take out at least liability insurance before they can get the decal for their cage LP showing date of insurance!!!!!!!!!!

 

[arma]

I suppose its the drivers fault, but i personally think even if you rearend a guy without its instantly his fault. Because legally he shouldn't even be there so you never should have rear ended. Thats my philosophy. Texas is the EXACT opposite. A guy down here in dallas lane split and some pissed off redneck in a pickup whacked him with his door at a stoplight. Like, THREW his door open. The motorcyclist was arrested, charged, and sued by the trucker to fix his door. Crazy Texas

 

[erniespts14]

WOW some of u are nuts!!!!!! its like bikers can do no wrong. i beilve it is illegal to pass or drive next to the right of a vehicle if there is no lane to the right. which there wasnt cause cars where parked there. if there is no lane to ur right u may only pass to the left. i dont think its ur fault. Not to mention if ur a motorcycle rider what are u doing driving next a car in the same lane with no room to ur right. what u gonna do if the car next to u does something erratic or cuts cut off. ur putting urself in a real danderous position. i know whats its like bieng a student with no money. sometimes u have to go with out things, sorry we cant be like most and have ur parents pay for every thing. and just cause he doesnt have insurance dont make it his fault.. madkat

 

[AnnieMei]

I think this is total bs If I open my door to get out an your dumbass runs into my car you should be the one paying this sounds like a dumbass motorcycle rider who wouldn't have gotten hurt if he hadn't been riding like a douche

but its legal in California to lane split. Why is the guy being a douche if he's doing what is legal?

What if he was trying to pass a car? Lane passing is only supposed to be done on the right of the car? the right lanes happens to have parked cars?

We dont know the entire situation, but what if it was byciclist? Is the bicyclist a douche because they are allowed to do that and the guys just opend his door?

 

[AnnieMei]

WOW some of u are nuts!!!!!! its like bikers can do no wrong. i beilve it is illegal to pass or drive next to the right of a vehicle if there is no lane to the right. which there wasnt cause cars where parked there.

However its legal to lane split in California. Whether there are parked cars or not.


http://www.chp.ca.gov/html/answers.html

Even on the CHiPS website, they do not define lane splitting as "you can't use the lane with parked cars to do so"

The only stipulation is:
"Lane splitting by motorcycles is permissible but must be done in a safe and prudent manner."


If the motorcyclist was lane splitting, he isn't doing anything illegal or dangerous; the motorists made it dangerous by opening his door into traffic.

and just cause he doesnt have insurance dont make it his fault.. madkat

Uh yes it does. He shouldn't have bene parked let alone driving the car. If he didn't have insurance, and without a car, the accident could have prevented.

 

[Krazy Hawaiian]

the no insurance cager is gunna need ass gaurd where he's goin....... dumbass dont stand a chance.

 

[Seb656]

Although this guy does not have insurance that is not the point the point is that the motorcycle rider could have been more cautious and this might not have happened

I agree that this guy should get in trouble for not having insurance im not arguing that but I am trying to bring up the point that the rider could have prevented it

 

[Krazy Hawaiian]

Uh yes it does. He shouldn't have bene parked let alone driving the car. If he didn't have insurance, and without a car, the accident could have prevented.

Precisely, if he didnt have insurance the car shouldnt have been on the road . No car on road no accident, cager is 100% at fault as uasual.