Case 12 - Opening a door
Portion of liability:
This applies when the door of 'Y' is in motion or when the action has just been completed, unless it is proven that the door of 'Y' was left open to let a person enter or alight from the vehicle or to place or remove an item after having ascertained that this could be done safely (section 430and 431 of the Highway Safety Code, R.S.Q., chapter C-24.2).
Applying the Direct Compensation Agreement:
- Vehicle Y is responsible: the insured will be indemnified if the collision is covered under his insurance policy (section B of the Contract). The insured will then have to pay a deductible.
- Vehicle X is not responsible: the insured will be indemnified even if the collision is not covered under his insurance policy. The insured will not have to pay a deductible.
The insurer must obtain the version of the accident from the persons involved. As a general rule, if the versions differ and there is no independent witness to corroborate one or other of the versions, responsibility for the accident is shared 50% - 50%.
For more information, contact your insurer.
You can also contact the Insurance Information Centre.
The content of these web pages is provided for information only and to make it easier to understand the DCA. It is not legally binding. The official version of the DCA takes precedence. Your insurer will establish the portion of your liability in the accident.
Download the official version of the Direct Compensation Agreement.