Questions on Joint Fault Liability in Car Accident Case

[ArtZappa]

Got into an accident yesterday, someone hit the rear side door while it was fully open with his side window, which popped the rear door past it's hinge into the front left door - The door hinge now feels very flimsy / broken, and theirs some dents and damaged pieces. Other guy seemed to understand he had messed up. This happened when I was legally parked at the side of a street. Not sure what to do next.

Someone in my previous Reddit post said that this may be classified as a joint fault case due to California laws

1. How likely is it that this will be classified as joint fault?
   
   
2. Are there any downsides of me getting a repair quote first and delaying insurance contact for a couple days?
   
   
3. Is there anything helpful to get the other guy to put in writing that’ll prevent me being partially at fault?
   
   
4. If this is joint fault, how much will my premium increase and is there a way to prevent this?
   
   
5. If the cost to repair it is not significant is it worth just paying cash or making a deal with the other guy rather than using insurance? - I don't want my premiums to increase

 

[Allen Trent]

Got into an accident yesterday, someone hit the rear side door while it was fully open with his side window, which popped the rear door past it's hinge into the front left door - The door hinge now feels very flimsy / broken, and theirs some dents and damaged pieces. Other guy seemed to understand he had messed up. This happened when I was legally parked at the side of a street. Not sure what to do next.

Someone in my previous Reddit post said that this may be classified as a joint fault case due to California laws

1. How likely is it that this will be classified as joint fault?
   
   
2. Are there any downsides of me getting a repair quote first and delaying insurance contact for a couple days?
   
   
3. Is there anything helpful to get the other guy to put in writing that’ll prevent me being partially at fault?
   
   
4. If this is joint fault, how much will my premium increase and is there a way to prevent this?
   
   
5. If the cost to repair it is not significant is it worth just paying cash or making a deal with the other guy rather than using insurance? - I don't want my premiums to increase

If you had smoked a joint, it is definitely your fault

 

[adjusterjack]

If you had smoked a joint, it is definitely your fault

Joint fault.

Ha Ha. Very funny.

 

[adjusterjack]

How likely is it that this will be classified as joint fault?

It could even be 100% your fault if it can be shown that you opened the door suddenly without checking traffic coming from behind you. The other driver would not have had time to react to a door suddenly opening in front of him Maybe he's not the one that messed up.

Check out this chart that shows the number of feet of travel that's required to stop at various speeds.

Vehicle Stopping Distance And Time (csgnetwork.com)

Are there any downsides of me getting a repair quote first and delaying insurance contact for a couple days?

No downside.

Is there anything helpful to get the other guy to put in writing that’ll prevent me being partially at fault?

I can't imagine anybody stupid enough to admit fault in writing. Would you? I hope not.

If this is joint fault, how much will my premium increase and is there a way to prevent this?

If you are even partially at fault it's a chargeable accident to you. Surcharges may differ from company to company, so you'll have to ask your insurance agent to find out for you.

If the cost to repair it is not significant is it worth just paying cash or making a deal with the other guy rather than using insurance? - I don't want my premiums to increase

Sure, if you can make a deal that satisfies you both it's certainly worth keeping the insurance companies out of it. Just make sure you get the agreement in writing that whoever pays what is full and final settlement.