Door accidents, while mild in comparison to other road accidents, still cause serious injuries. There have also been documented cases of death from such incidents. With modern road designs typically putting bike lanes beside parking areas, door accidents often include parked cars and moving cyclists. However, there are instances wherein door accidents include two vehicles.
According to the New York Vehicle and Traffic Law § 1214, "No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic." While the primary liability in door accidents falls on the person opening the door, it does not mean that they're always at fault.
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The question "Who is at fault?" can only be answered through in-depth investigation. Once all available pieces of evidence (i.e. witness statements, recorded footage, police reports, etc.) are reviewed, only then can the at-fault party be determined. Fault is given to whoever failed to follow set New York traffic laws.
Key Takeaways
- Under New York Vehicle and Traffic Law § 1214, no person may open a car door on the side facing traffic unless it is reasonably safe and will not interfere with other traffic. Violating this law is usually the basis for fault in a "dooring" accident.
- In most cases, the driver or passenger who opened the door into traffic is at fault, especially if they failed to check mirrors or look over their shoulder before opening.
- However, fault is not automatic. It depends on the specific facts, and a driver who hits an open door may share some fault if they were speeding, distracted, or not paying attention.
- New York is a no-fault state, so medical expenses and lost wages are usually covered first by the injured person's own auto insurance (PIP), but serious injuries may allow a lawsuit against the at-fault door opener.
- Cyclists and pedestrians injured by an open door may be eligible for PIP benefits under the car owner's policy, but they often need legal help to prove liability and obtain full compensation.
About Fault + Insurance
In New York, fault in a door accident is determined by whether a party violated traffic laws or acted negligently, not by who was "parked" vs. "moving."
Primary fault usually falls on the person who opened the door into traffic without ensuring it was safe, because N.Y. VTL § 1214 makes it illegal to open a door "unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic."
Shared fault is possible if the driver who hit the door was speeding, distracted (e.g., texting), or not paying attention. Under New York's pure comparative negligence rule, the injured person's compensation is reduced by their percentage of fault.
Insurance coverage follows New York's no-fault system. Each person's own auto insurance (PIP) pays for their medical bills and lost wages up to policy limits, regardless of who caused the accident.
For serious injuries (e.g., fractures, head trauma, permanent limitation), the injured person can "step out" of no-fault and sue the at-fault door opener for additional damages like pain and suffering, future medical costs, and loss of enjoyment of life.
Understanding Door Accident Liability
All road users (drivers, cyclists, or pedestrians) are subject to traffic laws. This means that everyone on the road must act responsibly to ensure the safety of others and themselves. Any negligence can lead to serious legal implications. Here are some instances where various parties can be held liable:
Parked Cars (party opening the door)
A driver/passenger opens the car door to exit the vehicle without checking their side mirror or blind spot, causing a cyclist to crash into the door. A driver/passenger unpromptly opens their door while parallel parking without looking for oncoming traffic, resulting in a collision with a passing vehicle. A driver/passenger opens the door in a bike lane without checking for cyclists, leading to a cyclist swerving and colliding with a pedestrian on the sidewalk. A driver/passenger leaves the car door open, obstructing incoming traffic and creating a traffic hazard.
Cyclists
A cyclist is riding too close to parked cars and fails to anticipate a car door opening, resulting in a collision. A cyclist is distracted by their phone or headphones and does not notice a car door opening in front of them, causing an accident. A cyclist is riding against traffic or on the sidewalk, increasing the risk of a dooring accident.
Moving Vehicles
A driver is speeding and unable to stop in time when a car door suddenly opens, resulting in a collision with the door or the need to swerve and collide with another vehicle. A driver is distracted by their phone and does not notice a car door opening, leading to a collision with the door or a cyclist swerving to avoid it. A driver is intoxicated, making it difficult for them to avoid an opened door and causing an accident.
**This is not a comprehensive list
Because New York is a no-fault state, individual insurance providers typically shoulder any medical expenses/financial losses incurred from door accidents. However, understanding liability is important for individuals who are seriously injured, especially for cyclists who may not be covered by Personal Injury Protection (PIP). In New York, further legal actions may be taken by individuals suffering from serious injuries or extreme financial loss as a result of door accidents.
In such cases, having dashcam footage of the whole incident is crucial. This footage can be your most potent evidence and could swing any legal claims in your favor. It is also important to immediately contact expert car accident lawyers, who'll help you retrieve other important pieces of evidence (CCTV footages, police reports, witness statements, etc.).
Common Door Accident Fault Scenarios
What If a Passenger Opened the Door?
A passenger who opens a car door into traffic (e.g., in a taxi, Uber, or family car) can be held liable if they fail to check for oncoming vehicles, cyclists, or pedestrians before opening.
The driver may also share liability if they parked illegally (e.g., in a bike lane), failed to warn the passenger, or parked in a dangerous spot where opening the door clearly interferes with traffic.
In practice, insurance companies and courts often treat the driver as the primary responsible party, since they control where the car is parked and are expected to supervise passengers, especially children.
What to Do After a Dooring Accident
If you or a loved one is involved in a dooring accident in New York, follow this 2026 legal checklist to protect your rights and maximize compensation.
Immediate Steps at the Scene
Stay at the scene and move to safety. Do not leave, even if the damage seems minor. Leaving can be a crime (leaving the scene of an accident).
Call 911 and request police. Ask for an officer to come and file an official accident report. This report is critical evidence for insurance and any lawsuit.
Check for injuries and seek medical care. Even if you feel fine, get evaluated by a doctor. Symptoms of whiplash, concussion, or internal injuries can appear hours or days later.
Document everything. Take photos and videos of:
- The open door and its position relative to traffic
- Damage to the car, bike, or other vehicles
- Your visible injuries (bruises, cuts, swelling)
- The surrounding area (parking signs, bike lanes, traffic signals)
Exchange information. Get the driver's:
- Full name, address, phone number
- Driver's license number and license plate
- Insurance company and policy number
Gather witness contact info. Ask bystanders, drivers, or business employees for their names and phone numbers. Their statements can help prove fault.
Do not admit fault or apologize. Avoid saying "I'm sorry" or "It was my fault," even if you think you contributed. Anything said can be used by insurers to reduce your claim.
Follow-Up Actions
Get a copy of the police report. Request it from the police department or online. Review it for accuracy and keep it with your case file.
Report the accident to your insurance. Notify your own auto insurer promptly. In New York's no-fault system, your PIP coverage pays for medical bills and lost wages up to $50,000 per person.
Keep detailed records. Save:
- All medical bills, prescriptions, and therapy notes
- Pay stubs and employer letters showing lost wages
- Receipts for repairs, transportation, and other accident-related expenses
- A daily journal describing pain, limitations, and how the injury affects work and family life
Avoid recorded statements with the other party's insurer. Do not give a recorded statement to the door opener's insurance company without first consulting a New York car accident lawyer.
Contact a New York car accident lawyer. Especially if there are injuries, disputes over fault, or the other party's insurer is denying or lowballing the claim.
Accounting for Damages and Compensation
In a nutshell, additional compensation may be pursued by parties if their expenses exceed the coverage of their personal insurance, which is the case for people who are seriously injured. Lost income (due to extended absences or gained disability) should also be accounted for. According to the New York Insurance Law § 5102, serious injuries include:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ or function
- Limited use of a body organ or member
- Non-permanent injuries that persist for more than 90 days
For Vehicle Owners
The state of New York requires certain insurance coverages before any vehicle registration is finalized. However, these insurances can only cover any potential physical injury or economic liability you may incur from a door accident.
You'd need to have collision coverage to be eligible for any compensation for your damaged car (from your insurance provider). The opposing party's liability coverage can also cover your car's damages if you can prove their negligence (from another's insurance provider).
For Cyclists
An uninsured cyclist injured in a door accident may be eligible for PIP benefits under the car owner's insurance policy, regardless of who was at fault for the accident. However, despite a cyclist's eligibility, compensation still depends on the assessment carried out by the car owner's insurance provider.
On the other hand, if a cyclist has PIP coverage for a car that they own, this may extend to them when they are cycling, depending on the specific terms of their policy.
For Pedestrians
Much like cyclists, pedestrians may also be eligible for PIP benefits under the car owner's insurance policy. They can also file a liability claim, should they incur any serious injury from the car-door-related accident.
Is New York a No-Fault State?
Yes, New York is a no-fault state for car accidents, including door accidents.
All drivers must carry Personal Injury Protection (PIP) coverage, which pays for:
- Reasonable and necessary medical expenses (up to $50,000 per person)
- 80% of lost wages (up to $2,000 per month for up to 3 years)
- Up to $25 per day for other necessary expenses (e.g., household help)
- A $2,000 death benefit
PIP is "no-fault," meaning it pays regardless of who caused the accident. It covers the driver, passengers, and pedestrians injured in a crash involving the insured vehicle.
However, PIP does not cover:
- Property damage (e.g., car or bike repairs), which is handled through liability coverage
- Pain and suffering or emotional distress, which require a personal injury lawsuit if the injury meets New York's "serious injury" threshold
You can sue the at-fault door opener if:
- Your economic losses exceed $50,000, or
- You suffer a "serious injury" under N.Y. Insurance Law § 5102(d), such as:
- Death, dismemberment, significant disfigurement
- Fracture, permanent loss of use of a body organ or member
- Permanent consequential limitation of a body organ or member
- Medically determined injury that prevents you from performing substantially all of your usual activities for at least 90 days in the first 180 days after the accident
Average Compensation for Personal Injuries in New York
By the turn of the century, research on jury awarding found that the state of New York had the highest median compensation for personal injuries among all states in the U.S. While the national median at the time was $50,000, New York's median compensation for personal injuries was $273,185.
Given that these figures came from over two decades ago, it is easy to assume that these are much higher today.
FAQ
Who is at fault for hitting an open car door?
In most cases, the person who opened the car door into traffic is at fault, because New York law (VTL § 1214) requires that a door only be opened when it is "reasonably safe" and will not interfere with other traffic.
However, fault is not automatic. It depends on the facts. For example, if the door opener checked mirrors and looked over their shoulder, but the other driver was speeding or distracted, the driver who hit the door may share some fault. If the parked car was illegally blocking a bike lane or crosswalk, the driver may be more at fault than a passenger who opened the door.
Ultimately, fault is determined by evidence (police report, photos, witness statements, dashcam/video) and whether a party violated traffic laws or acted negligently.
Does No-Fault Insurance Apply to Door Accidents in NY?
Yes, New York's no-fault (PIP) system applies to door accidents.
If you are injured (driver, passenger, cyclist, or pedestrian), your own auto insurance (or the car owner's policy if you are a passenger or pedestrian) will pay for medical bills and rehabilitation expenses up to $50,000, 80% of lost wages (up to $2,000/month for up to 3 years), and certain other necessary expenses (e.g., household help, transportation to appointments).
PIP is primary, meaning it pays first, even if the other party's insurer is ultimately responsible for property damage or liability.
If your injuries are serious (e.g., fracture, permanent limitation, or you miss 90+ days of work), you can "step out" of no-fault and sue the at-fault door opener for additional damages like pain and suffering, future medical costs, and loss of enjoyment of life.
What to do if someone opens a car door and damages another car?
If someone opens a car door and damages your vehicle in New York:
- Stay at the scene and call the police. Request an officer to file a report, especially if there is a dispute over fault or if the other party refuses to cooperate.
- Document everything. Take photos of the open door and its position, damage to both vehicles, license plates and driver information, and the surrounding area (parking signs, traffic, bike lanes).
- Exchange information. Get the driver's name, address, phone, license number, license plate, and insurance details.
- Report to your insurance. Notify your own insurer. Your collision coverage will typically pay for repairs (minus your deductible), and your insurer can then seek reimbursement from the at-fault party's liability coverage.
- Do not admit fault. Avoid saying "I'm sorry" or "It was my fault," even if you think you could have avoided the door. This can be used to reduce or deny your claim.
- Contact a lawyer if needed. If the other party's insurer denies liability, offers a low settlement, or if there are injuries, a New York car accident lawyer can help negotiate or file a claim.
If a Cyclist Hits an Open Door, Who Is Liable?
In most cases, the driver or passenger who opened the door into the cyclist's path is liable, because they violated N.Y. VTL § 1214 by opening the door when it was not reasonably safe and interfered with traffic.
The cyclist may share some fault if they were riding too close to parked cars (not leaving a "door zone" buffer), speeding, distracted (e.g., headphones, phone), or riding against traffic, or in a location where cycling is prohibited (e.g., sidewalk in a business district).
Under New York's pure comparative negligence rule, the cyclist's compensation is reduced by their percentage of fault (e.g., if 20% at fault, they recover 80% of damages).
Cyclists injured in a dooring accident can use PIP benefits under the car owner's policy (if they are a household member or passenger) or their own auto policy (if they own a car with PIP), and sue the at-fault door opener for additional damages if they suffer a "serious injury" under New York law.
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While car door accidents are fairly mild relative to other car accidents, such instances still allow for really unfortunate outcomes. At the Porter Law Group, there is no case too small or too big. Our team of seasoned lawyers do their best to protect your (and your family's) best interest. We operate on a contingency basis, meaning you don't have to pay anything unless we win.
If you or a loved one was injured in a dooring accident in New York, an experienced car accident lawyer can help you investigate the accident and prove who was at fault (driver, passenger, or shared fault), deal with insurance companies and fight lowball settlement offers, calculate the full value of your claim, including medical bills, lost wages, pain and suffering, and future costs, and file a lawsuit if your injuries meet New York's serious injury threshold and you are entitled to compensation beyond no-fault benefits.
Contact the Porter Law Group today for a no-obligation, free case evaluation to discuss your rights and options. You may also reach us at 833-PORTER9 or email info@porterlawteam.com to schedule an appointment.
