He Sped Into the Next Space and Crushed My Door — Both He and His Insurer Deny It

Attorney Answer

A denial by the other driver's insurer is a position, not a ruling — and in New York, even if some share of the blame were assigned to you for opening the door, that would reduce what you recover rather than end the claim. The insurer works for the driver it insures. Its denial tells you what it will not pay voluntarily; it does not decide who was negligent.

Start with what the fault rule actually is. CPLR 1411(a) provides: "Except as provided in subsection (b) of this section, in any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery. The amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages." This is a claim for damage to a car, not a personal injury action arising out of the use of a motor vehicle, so pure comparative fault governs it. If a fact-finder decided that part of the responsibility for the contact belonged to you, the recovery would be diminished by that proportion and no more.

You should expect the insurer's theory to be that the door came open into his path rather than that he drove into a stationary door. New York has a separate rule about when a vehicle door may be opened toward traffic; and how it bears on a car sitting parked in a marked space is a question for an attorney who has seen the lot. What you can control is the record: where the two vehicles ended up, how far into the space he came, and how the door was crushed all speak to the same question.

If the claim cannot be resolved with the insurer, Insurance Law § 3420 is background worth having. It prescribes the provisions a liability policy issued or delivered in New York must contain, including one permitting an action directly against the insurer where a judgment against its insured remains unsatisfied thirty days after service of notice of entry of the judgment. That is the structure behind the idea of suing the driver and collecting from the insurer, and whether it fits your case is a lawyer's call, not an adjuster's.

What you can do

1. Photograph the door, the neighboring space, his vehicle's damage and the layout and markings of the lot, from far enough back to show the geometry.

2. Ask the parking facility in writing, today, to preserve any surveillance video of that space and that time — footage is usually overwritten within days.

3. Get the insurer's denial in writing, stating its reason, rather than accepting it over the phone.

4. Get two written repair estimates, and ask the shop to put in writing that the door will not open and whether the vehicle is safely operable.

5. Check whether your own policy carries collision coverage; if it does, that claim can get the car repaired while your insurer pursues the other side.

6. Take the written denial and your photographs to a New York attorney before you accept the outcome.

⏱ Time limits apply. An action to recover damages for an injury to property must be commenced within three years under CPLR 214(4), and a personal injury action within three years under CPLR 214(5) — "an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215." Both run from the date of the incident in the parking lot, not from the date the insurer denied the claim, and continuing to argue with an adjuster does not extend either one. Whether some other or shorter period applies depends on facts this page cannot see, including who owned the lot; have a New York attorney confirm the dates rather than working from an estimate.