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Who’s at Fault If a Car Door Gets Hit?

by

Passenger Safety and Accident Precautions

In most cases, the passenger or vehicle occupant who opens the door is found at fault. Florida law (and many others) requires that car doors may not be opened unless it’s safe to do so. Under Florida Statute § 316.2005, it’s illegal to open a vehicle door on the side of moving traffic unless it’s safe and doesn’t interfere with other vehicles.

Translation? If you open a door into oncoming traffic and it gets hit, you’ll likely be held liable—even if you “only opened it a little” or “didn’t see the car coming.”

However, there are exceptions:

  • If the oncoming driver was speeding, distracted, or violating traffic laws, they could share some blame.
  • If the car was illegally parked in a dangerous spot (like too close to an active lane), comparative negligence might apply.

What Type of Insurance Covers the Damage?

Here’s how coverage typically breaks down:

1. Property Damage Liability (PDL)

  • This is mandatory in Florida and pays for the damage to the other driver’s vehicle if you’re at fault.
  • If your passenger caused the door to hit another car, your car’s owner’s insurance would usually pay for the damage to the other vehicle.

2. Collision Coverage

  • This is optional but crucial—it covers damage to your own vehicle, even if you’re at fault.
  • So, if your door was ripped off, collision coverage would pay for repairs to your car.

3. Medical Payments or PIP (Personal Injury Protection)

  • Florida requires PIP coverage, which would cover injuries to your passenger (up to $10,000 in most cases), regardless of who was at fault.

4. Bodily Injury Liability (BIL)

  • If the person in the passing car was injured, and you’re found liable, your BIL coverage may help cover their medical expenses.

Important Reminder from a Miami Car Accident Lawyer:

As a Miami Car Accident Lawyer, I’ve seen too many cases where simple moments—like opening a car door—lead to major insurance headaches. Don’t assume you’re in the clear just because your car was parked.

Always check for oncoming traffic before opening a door, especially in busy urban areas like Miami. And make sure your insurance coverage includes collision protection if you want your vehicle repairs covered.

Injured in a Car Door Accident? Here’s What to Do:

  • Get a police report, even if the damage seems minor.
  • Take photos of the scene, vehicle positions, and any injuries.
  • Gather witness information if available.
  • Contact a Miami Car Accident Lawyer to understand your rights, especially if someone is blaming you or a loved one unfairly.

Accidents can happen in a split second—but the legal and financial fallout can last much longer. If you were involved in a parked-car accident or any kind of crash in South Florida, reach out to a trusted Miami Car Accident Lawyer for a free consultation.

Call 888-PERAZZO – Available 24/7
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