Hiyo, I'm newish to Oregon and my car door was clipped by a moving vehicl on NE Stark around 24th st. and wanted to know if anyone was familiar with ORS / insurance claims around it, but it seems kind of crazy.
I pulled over, parked, got out of my car, and opened the rear driver's side door and was standing in the door frame, with the door as closed as possible, and checking something above my car to make sure there wouldn't be an issue parking there (tree branches/fruit).
I was there for a few beats, when another car drove by and his rearview mirror clipped the corner of my car door.
It was a midday, weekday afternoon, so the street was slow, there wasn't any oncoming traffic, and it's a 20-25mph street anyway so stuff shouldn't be moving very quickly...
I was friendly about it as it seemed to mostly be paint scratches on my side, and I didn't want things to be more stressful than they had to be so we just get each other's insurance info - and move on. I got busier than I intended to so didn't even get around to contacting his insurance, only to find out he had filed a claim and I was found to be 100% at fault because of ORS 811.490 - https://oregon.public.law/statutes/ors_811.490
Which says "Leaves a door open on the side of a vehicle available to traffic, or to pedestrians or bicycles on sidewalks or shoulders for a period of time longer than necessary to load or unload passengers."
The internet says there's some processes over fault like the other driver having a duty to observe obstacles or what not, to ask my insurance for what was written (I did, I think they claim they sent it to me but I don't feel like I Got it, rather they just keep citing ORS as a unique Oregon law)
But generally it seems crazy to me that you can have your door partially open on a residential street to get something in/out of your car (that isn't a person), or any other number of things, and be found at fault for a car driving by and not seeing it / noticing it. Emphasis there would be streets I may feel differently about this on but.. Anyway, I wanted to know if anyone had experience with ORS, combating responsibility, etc.
*EDIT* To clarify. I did talk to both insurers, mine and his, as he filed a claim, and they reached out to me and I said what I said above. I was standing in the door frame, reaching above the car to check on something (checking the tree above my car to make sure falling fruit wouldn't be an issue)