A seemingly simple act of opening a car door can actually lead to serious traffic accidents. Data shows that accidents caused by improper car door opening account for 15% of all urban traffic accidents each year. From a legal perspective, improper car door opening may even be considered an act of "road traffic assault". Behind this action, there are many issues involving the allocation of responsibilities and compensation, and even insurance companies cannot stay out of it.

1. If the car door is opened improperly, all six parties involved should bear responsibility for it.

The person who opens the door

• Common error scenarios: Opening the door without checking the rear view mirror to observe the situation behind you

• Legal liability: Generally, one needs to bear the main responsibility.

• Compensation ratio: It usually accounts for more than 50% of the total amount

The driver of the vehicle

• Common error scenarios: parking illegally and failing to remind passengers

• Legal liability: Generally, one needs to bear secondary liability.

• Compensation ratio: It may be between 20% and 30%

The car owner himself/herself

• Common error scenarios: lending the car to "unreliable" people

• Legal liability: liability for management negligence

• Compensation ratio: Generally, you need to bear 10%-30% of the compensation amount.

Insurance company

• You have to pay: the insurance company will prioritize paying compensation to those who have paid the premiums

• They might pay for it: commercial insurance depends on the circumstances

• Special circumstances: Even if the driver is driving without a license, the insurance company still has to pay out the compensation

The guardian of a minor

• Legal principle: If a minor causes damage to others, the guardian shall bear the responsibility for it.

• Reminder: We should strengthen the safety education and behavioral supervision for minors

Accident victims:

• Common situation: Being hit by a suddenly opened car door while riding a bicycle normally

• Protecting rights: contacting the insurance company, hiring a driver, finding the car owner, and finding the person who opened the door

• Order of compensation: Compensation shall be paid by the compulsory motor vehicle liability insurance first, and the insured shall bear the shortage in proportion to his/her liability for the accident

II. Five high-risk door-opening behaviors

Type   Behavioral characteristics   Risk level   Legal consequences

\nThe type of opening the door rashly opening the door without checking the rearview mirror ★★★★★ the main responsibility for this usually cannot be evaded

Forcefully kicking hard Using too much force to open the car door completely ★★★★☆ It will generally increase the liability for fault

Suddenly opening the door opening the door immediately after the vehicle has come to a stop ★★★★★ You may be fully at fault

Blind spot door opening type Vehicles parked in the visual blind spot still open the door ★★★★☆ Possibly sharing responsibility with the driver

Many people opening the doors at the same time  Vehicles' front and rear doors opening at the same time  ★★★★★  The liability may be doubled

III. Compensation Process

First stage: Insurance companies

• Compulsory Motor Third-Party Liability Insurance provides priority compensation

• Check the terms and conditions of the commercial insurance policy

• Full compensation within the limits of compulsory insurance

Stage 2: Allocation of liability ratios

• The liability ratio of the person who opens the door is generally 50%-70%

• The driver's liability ratio is generally 20%-40%

• Owners typically bear 0% to 30% of the cost.

• Calculation formula: Total loss - Compulsory Motor Third Party Liability Insurance = Remaining amount × Liability ratio

Stage Three: Guardian's Responsibilities

• Applicable to juvenile offenders

• The legal basis is the guardian's liability for infringement, and he/she shall bear the corresponding compensation obligation.

IV. Special circumstances

When lending out a vehicle, the owner should pay attention to the following points

• Before borrowing a car: Check whether the other party holds a valid driver's license and whether they have been drinking alcohol

• When borrowing a car: Clearly explain the safety matters

• After borrowing the car: Confirm the safety of the vehicle and the people involved

When driving a leased vehicle, drivers need to pay attention to the following points:

• Parking illegally is just asking for trouble

• Failing to remind passengers that they might face increased liability

• Driving without a license means that the insurance company will not be liable for any damages caused by the driver

Passengers should be careful

• Just because the driver didn't give a warning doesn't mean you can open the car door at will

• Just because the vehicle has stopped doesn't mean that the environment outside the vehicle is safe.

• Just because the car door is open, it doesn't mean you don't need to take responsibility for what happens

5. Safety responsibilities and prevention suggestions for all parties

To parents: Don't let your children touch the steering wheel before they are 18, and it's necessary to teach them safety knowledge such as looking at the rearview mirror before opening the door.

To car owners: Be cautious when lending your car to others. Make sure to check their driver's license, sign relevant agreements, and ensure that their insurance is complete. Maintain good vehicle management by regularly inspecting the safety condition of the vehicle. Additionally, ensure comprehensive insurance coverage, including compulsory insurance, commercial insurance, and third-party liability insurance.

To cyclists: Stay away from the car doors and maintain a safe distance of 1 meter; when passing through, pay attention to the status of the car lights, human silhouettes, and car doors; and slow down when passing through parking areas.

To drivers: Park your vehicles properly, avoid violating traffic rules, and refrain from blocking traffic. Before passengers get off the vehicle, please remind them to open the door safely. Always prioritize safety first and wait patiently rather than rush to catch up with the schedule.

VI. Interesting facts

1. If someone is hit by a car door while it's being opened, even if the driver is driving under the influence of alcohol, driving without a license, or fleeing the scene of the accident, the compulsory insurance must first compensate the victim.

2. Parking illegally results in escalated liability; parking illegally + opening the car door and hitting someone = liability doubled.

3. If the compensation from the compulsory insurance is still insufficient, the liable party shall continue to bear the obligation to compensate in accordance with their respective liability ratios.