Parking Lot Damage

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ForrestFire

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I pulled into the lot at work. When I opened the door a gust of wind slammed it into the car next to me severing the passengers mirror. I understand how much this sucks someone did it to me twice. I estimate the damage at under 300 deductable is 250. The insurance will be questionable to begin with. Given this was naturally occuring and unpreventable from my point of view anyway, what is the best way to handle it? Insurance, Out of pocket, not at all? Can he be liable for the damage done to my car? It was a scratch and small dent, twice the cost of his damage easy. I only ask because the other guy is quite young and seems disillusioned about the whole process. He seems to think the Insurance is going to cut a check and all will be well. I see them fighting it or the deductable not being worth the payout. Can I just tell him to sue god?
 
This is how I feel

If a tree falls on your car and it is otherwise healthy YOUR comprehensive insurance covers it. This was unforseen, Unpreventable, and uncontrollable. Also known as an Act of GOD.
 
Except a tree didn't fall on his car - you opened your door in windy conditions and it blew into his car. Are you at fault? I don't know, but it's not clear cut. In any case, do you need to be at fault? Or do you live in a no-fault state?

Whether you should handle it through insurance or not is essentially a financial decision. IMHO, it would be wrong to duck responsibility. What's more, telling the other party to "sue god" is essentially telling him to sue you, because he'll wind up putting in an insurance claim and his company will try to recover from yours.
 
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