by Guest » Mon Nov 07, 2011 12:45 pm
My neighbor parked his car in front of my house so that it was blocking approximately 4 feet of my driveway. I looked when I was backing out that night, but it was dark, the neighborhood is poorly lit, his car is black, and it was in my blind spot. His bumper was side-swiped, leaving paint and deep grooves in the plastic. My car received minimal damage.
Now, neither of us wants to report the incident to our insurance companies, but we both hold each other responsible for the accident; me, because he illegally parked blocking my driveway, and him, because I backed my car into his. Can anyone suggest who is more responsible for the accident?
Now, neither of us wants to report the incident to our insurance companies, but we both hold each other responsible for the accident; me, because he illegally parked blocking my driveway, and him, because I backed my car into his. Can anyone suggest who is more responsible for the accident?
Posted: Mon Nov 07, 2011 01:38 pm Post Subject:
I'd say you are more responsible as you are the proximate cause of the collision and had the last clear chance to avoid it. If you could not see where you were going... then don't go there (you also have back up lights). He has some liability as there is a reason it's illegal to block a driveway... because it places your vehicle in harms way. He should have known this and by placing his vehicle in known harms way, accepted some liability. Legally who is liable for what then depends on state laws.
I'd place between 70% and 85% against you and between 30% and 15% against the other person.
Keep in mind, in some states if you contribute 1% to an accident you legally cannot collect from the other person. Not many states have this but some do.
Posted: Tue Nov 08, 2011 04:36 am Post Subject:
Tcope is absolutely right.
Even if the neighbor is somewhat responsible for the act, you are the one more at fault, because it's the driver's responsibility to see where he's going.
If it was really dark, you should have been more careful. What if you backed up on a kid or a street animal?
As both you guys don't want to report this to your insurers, settle this among yourselves by accepting your own faults.
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