Opening a parked car’s door can injure a passing cyclist or pedestrian, or damage another vehicle. Both drivers and passengers should check before opening a door, even when the vehicle is stationary.
Road rules and insurance fault are different questions
Section 165 of Ontario’s Highway Traffic Act addresses opening and leaving doors open on a legally defined highway, requiring appropriate precautions. “Highway” is a legal term; the provision should not be described as automatically applying to every private parking lot. Highway Traffic Act. Careful observation is important wherever you park.
For a collision between automobiles, insurers apply the relevant Fault Determination Rules. Under section 19(c), an incident involving the driver or passenger of vehicle A opening or leaving its door open ordinarily assigns 100% fault to A’s driver and none to B’s driver. Other simultaneously applicable rules must also be considered. A passenger opening the door does not automatically remove the issue from the vehicle’s insurance fault assessment. Ontario’s Fault Determination Rules.
An injury to a cyclist or pedestrian needs its own legal and coverage assessment. Do not apply a two-automobile fault percentage as the complete legal answer. Police charges also do not, by themselves, settle insurance fault.
Which coverage may pay for vehicle damage?
When its conditions are met, your own DCPD coverage may respond to the not-at-fault portion of vehicle damage. Conditions include an Ontario accident involving another automobile that meets the insurance requirements, and no written election to give up DCPD recovery. Simply identifying an insured other driver is not the entire test.
Your at-fault vehicle damage may require Collision or another applicable coverage. An unidentified hit-and-run is not automatically a DCPD claim, while an identified uninsured vehicle may involve different provisions. Ask the adjuster to confirm coverage, evidence and deductibles. FSRA’s claims guidance.
Finding the other driver does not guarantee full reimbursement or an unchanged premium.
Before opening a door
- Park legally and appropriately, and look for traffic, cycling lanes and pedestrians.
- Check mirrors, then turn to check the blind spot. Open slowly only when safe.
- Consider opening with the hand farther from the door to encourage a shoulder check: the Dutch reach.
- Remind passengers to wait for a safe opportunity and, where appropriate, exit away from moving traffic. Check for people and cyclists on that side too.
- Do not leave a door obstructing others. Cameras, warning lights and door guards do not replace observation. Ontario’s parking guidance.
If an incident occurs
Help anyone injured and address immediate danger first. Call 911 for serious injury or an emergency. When safe, exchange details, photograph vehicle positions and the door, record witnesses, and report under local police rules and policy requirements. Do not stand in dangerous traffic to take photographs.
A-Z Insurance can explain coverage and the claims process. Call 905-707-2929 or email info@azinsure.ca. Actual responsibility and payment depend on the facts, law and policy assessment.