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Three ways this can be resolved based on the state's negligence doctrine.

The party who opened the car door could be placed 100% At Fault, for not practicing due care when the opened on either a street or parking lot

The party who drove by the opened car was 100% for not practicing safe distance between his vehicle and the vehicle that was parked when the car door was opened and may have had a "last clear chance" to avoid the accident

Both parties contribute negligence at some percentage (example 50% to each) base on the agreement between the two insurance companies

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Q: Your car door was hit whilst you were getting out of your car?
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