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Discussion Starter · #1 ·
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.
 

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Discussion Starter · #4 ·
And not having car insurance....
 

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Discussion Starter · #10 ·
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.
 

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Discussion Starter · #16 ·
Seb656 said:
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?
 

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Discussion Starter · #17 ·
erniespts14 said:
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.
 
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