I opened my drivers door and a car hit it , as it won’t close now. Commerce says I’m not covered .

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Dec 20, 2011

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Insurance Question from Houghs Neck, MA

Asked on 12/20/2011

I opened my drivers door and a car hit it , as it won’t close now. Commerce says I’m not covered . My Ins claims people said I am not covered ,1- they said it's a shared - blame accident , and 2-I only have limited collision so I get nothing . Is this true in Mass , is this shared blame comment true ? The Ins co said the other car had the right of way , and I opened my door and took that chance . I thought she hit me and it would be her fault , but not according to the Ins Co. I'm Disabled on SSDI , and fixing this is gonna be tough to accomplish , please help me understand this , thanks Bob D

Answer given on December 20, 2011

Automobile insurance losses are paid on the determination of who is at fault in an accident. If you were parked and opened your car door into traffic, the loss is generally considered your fault. If the door was already open and the other driver struck your door, then it would be their fault. There could be some details in your accident that determine it to be a shared fault. Usually a percentage is applied to each party and the insurance company will pay accordingly.Limited collision coverage is sometimes used by insurance companies to restrict what they will cover. Massachusetts is a no-fault state, so the application of the no fault rules may include limited collision coverage. You should talk to your insurance agent to see if they can explain what the term means and how it applies to your accident. It is also possible that your deductible affects whether the insurance company will pay for the damages.

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