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Old 07-17-2011, 04:38 PM
 
1,156 posts, read 1,098,749 times
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Quote:
Originally Posted by yoelmo View Post
this sounds like a simple property damage claim - not a car accident. you should simply file a claim with car b's insurance co
the person tried and they said she opened the door into oncoming traffic and she said "what traffic? it was in a parking lot!" the woman even admitted it was her fault. im going to call tomorrow and make some noise.
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Old 07-17-2011, 04:51 PM
 
3,686 posts, read 4,521,737 times
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Quote:
Originally Posted by Matzah Pizza View Post
the police werent summoned. i was not there. the passenger got out to pump the gas and he left the door open to attend to the gas.
Who leaves a door open?

Guilty as charged..cough up the dough..and never park in mass park again
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Old 07-17-2011, 05:13 PM
 
1,777 posts, read 1,778,743 times
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Quote:
Originally Posted by Gpsma View Post
Who leaves a door open?

Guilty as charged..cough up the dough..and never park in mass park again
Yeah, I'm with you. I don't get why the passenger door was left open. As a driver with the gas tank on my side of the car, I generally pop out and immediately shut my driver door. Further, the car wasn't really "parked" - it was idling.

It's a shame the two parties didn't just try to work out a resolution on their own rather than getting the insurance companies involved. How bad was the damage? Did the door come off or were just the hinges damaged? I'm thinking the latter since Car B couldn't have been driving fast enough to cause the door to snap off.

3 words for the future: Full Service Station.
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Old 07-17-2011, 05:16 PM
 
Location: under the beautiful Carolina blue
9,123 posts, read 10,680,302 times
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If you admitted to leaving the passenger door open (which was dumb on the passenger's part) then you are at fault. You can make all the noise you want, it doesn't change the facts.

Read the VTL.

I'm still curious what the PR says.
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Old 07-17-2011, 05:18 PM
 
Location: under the beautiful Carolina blue
9,123 posts, read 10,680,302 times
Reputation: 5106
Quote:
Originally Posted by cokatie View Post
It's a shame the two parties didn't just try to work out a resolution on their own rather than getting the insurance companies involved. .
That NEVER works. If I had a dollar for every time I got a claim for something that parties were "supposed to" work out between them, I'd be sipping Mai Tais in Hawaii right now.

It never fails - the person at fault always thinks they did $100 worth of damage and the person who was damaged tries to get every DING on their leased vehicle repaired for free.
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Old 07-17-2011, 05:21 PM
 
1,156 posts, read 1,098,749 times
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Quote:
Originally Posted by Gpsma View Post
Who leaves a door open?

Guilty as charged..cough up the dough..and never park in mass park again

it was out east in suffolk. he didnt get a chance to close it. he got out, opened the gas lid and wanted to get back in. it isnt against the law.
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Old 07-17-2011, 05:24 PM
 
1,156 posts, read 1,098,749 times
Reputation: 320
Quote:
Originally Posted by cokatie View Post
Yeah, I'm with you. I don't get why the passenger door was left open. As a driver with the gas tank on my side of the car, I generally pop out and immediately shut my driver door. Further, the car wasn't really "parked" - it was idling.

It's a shame the two parties didn't just try to work out a resolution on their own rather than getting the insurance companies involved. How bad was the damage? Did the door come off or were just the hinges damaged? I'm thinking the latter since Car B couldn't have been driving fast enough to cause the door to snap off.

3 words for the future: Full Service Station.
the car was parked and "off". the door has a slight ding on the edge and the hinge was knocked off a bit. there was about $575 worth of damage.

they tried calling the driver but she kept ignoring the calls so they were forced to call her insurance.
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Old 07-17-2011, 07:20 PM
 
171 posts, read 175,254 times
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Quote:
Originally Posted by Matzah Pizza View Post
it was out east in suffolk. he didnt get a chance to close it. he got out, opened the gas lid and wanted to get back in. it isnt against the law.
It's not against the law but it is a safety hazard once the fueling process has begun. After exiting the car, it should not be reentered until leaving the gas station. Even though he may have not inserted the nozzle yet, you do state he had removed the gas cap.

"One of the many potential causes of static electricity buildup is exiting and re-entering a vehicle, particularly in cool or cold and dry conditions. This can cause a buildup of static electricity similar to shuffling your feet on the carpet. When you exit and re-enter your vehicle while refueling, there is the potential for sufficient static electricity to build up that a spark can discharge between your body and the fuel nozzle. In rare circumstances, the spark can ignite gasoline vapors around the fill spout, causing a brief flash fire."

http://www.cfs.purdue.edu/extension/...ndout-long.pdf
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Old 07-17-2011, 07:20 PM
 
938 posts, read 1,046,716 times
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Quote:
Originally Posted by twingles View Post
If you admitted to leaving the passenger door open (which was dumb on the passenger's part) then you are at fault. You can make all the noise you want, it doesn't change the facts.

Read the VTL.

I'm still curious what the PR says.
With very few exceptions, the VTL does not apply on private property. There is no "opening a door into traffic" violation here.
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Old 07-18-2011, 03:48 AM
Status: "I LOOOVE COLORS" (set 6 days ago)
 
30,141 posts, read 27,219,387 times
Reputation: 17567
your confusing private property that is restricted with private property that is open to the public.

according to nys law unless a motor vehicle law is limited to public property only , by its own terms, the vtl laws apply to all drivers on both public and private property where the private property is open to the public. Several states follow this rule including New York, New Jersey, Texas, Iowa .

our definition of MOTOR VEHICLE means every vehicle operated or driven
upon a public highway [private road open to motor vehicle traffic]
[parking lot] which is propelled by any power other than muscular
power.

VTL 129-b defines “parking lot” as follows:

129-b. Parking lot. Any area or areas of private property near or contiguous to and provided in connection with premises having one or more stores or business establishments, and used by the public as a
means of access to and egress from such stores and business establishments and for the parking of motor vehicles of customers and patrons of such stores and business establishments


as far as the opening of doors
Section 1214. Opening and closing vehicle doors. No person shall open the door of a motor vehicle on the side
available to moving traffic unless and until it is reasonable safe to do so, and can be done without interfering with the
movement of other traffic, nor shall any person leave a door open on the side of the vehicle available to moving traffic
for a period of time longer than necessary to load or unload passengers.



i would think pumping gas and leaving the door open does not qualify as loading or unloading passengers. plus it interfered with the flow of passing cars.

Last edited by mathjak107; 07-18-2011 at 05:07 AM..
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