You can pay for it yourself or file a claim with your insurance company and they will take care of it. Do realize that your premiums will go up. So do the math, if the damage is more than your deductable plus the difference in what you will pay if your insurance goes up (for 3 years worth or however long your company raises the rates after an accident), then it is worth it. You can either fix it or leave it damaged. If the damaged vehicle carries collision insurance (not just liability) you can probably have repairs made but you get to pay the deductible.
If the other vehicle was parked, there was no other driver to have license, insurance or registration. The driver who hit the parked vehicle is at fault and is liable for all damages to the parked vehicle.
Title 39 of the New Jersey Statutes pertaining to Motor Vehicles and Traffic Regulation allows cars to be parked as long as vehicles are owned by the persons using the driveway, or by those who own the driveway. Vehicles owned by other individuals can also be parked in private driveways when said owners authorize it, and any vehicle parked in a driveway must never block the flow of traffic.
The person who is backing out of the driveway is completely at fault. Even if the other party was illegally parked, the driver of the other vehicle has the responsibility to look behind them for clearance.
If one vehicle is sitting parked and one is in motion, then logic dictates the vehicle that was in motion is at fault and therefore responsible for the damages.
You are. You didn't park your vehicle properly. The fact that the other vehicle was parked illegally doesn't give you permission to crash into it.
Any time a vehicle hits a parked vehicle or other stationary object, the operator of the moving vehicle is responsible.
If you hit a parked car, the deductible applies to your vehicle, not the parked car. The other vehicle is covered by your liability coverage and there is no deductible attached. You pay the deductible on the repairs to your vehicle, usually to the shop after the work is completed, the insurance company handles the balance directly.
The person who hit a parked vehicle is at fault.
You have no claim against the other car's owner ! It's up to you to make sure your way is clear when reversing. If the lighting was that bad, you should have had someone guide you out of the driveway. The lesson to learn is - reverse into your driveway - then you'll never need to reverse onto the road !
The backing vehicle appears to be at fault - they should have been looking behind them to see what was happening there and seen the car coming out of the driveway.The car coming out of the driveway would have had their attention in the other direction, looking for oncoming traffic.
This has alot to do with if the impact is on private property and if you had permission to park in the friends driveway, then ultimately if you want to remain friends. If it's an easement or such, the other answers may apply.Another View: Whether you are on someone else's private property makes no difference, the striking vehicle is at fault. Your insurance companies will have to battle it out.
The owner of the car that was wrongly parked still has the ability to sue. They should get the other driver's information and file a claim on their lawsuit.
Subject to any policy exclusion, he more than likely will be considered an insured driver and therefore coverage, however he will then need to be rated on the vehicle. (if he is an excluded driver already on your policy, then unfortunately you have a problem, no coverage for yours or the other vehicle).
AnswerAs long as your vehicle was parked legally and you were able to obtain the other vehicle's insurance info, the driver of the other vehicle's insurance co. is resposible for all your damages.
It would be darned hard to assess the blame on the parked car. If one vehicle is in motion and the other is not, 99.99% of the time, the moving vehicle is at fault.
The noun 'driveway' is a singular, common, compound, concrete noun; a word for private road that connects a house, garage, or other building with the street; a word for a thing.A noun functions as the subject of a sentence or a clause, and as the object of a verb or a preposition.Example functions for the noun 'driveway':The driveway was littered with branches from the storm. (subject of the sentence)The trees obscured where the driveway led. (subject of the adverbial clause)We're finally paving the driveway. (direct objectof the verb 'paving')Whose car is parked in the driveway? (object of the preposition 'in')
As a general principle, the person operating a moving piece of machinery is responsible for damage to any non-moving obstructions. Whether or not the other car was legally parked is irrelevant. It could be abandoned in the middle of the road and it would still be the drivers responsibility to see and avoid it.
Fight it! If the driveway was yours, then the other person had no business driving there. It does depend on what the reasons were. If you were parked more than 12 inches from the curb, then that is neglegent - it is law to be within 12 inches of the curb (never more). So find out why and keep all evidence. If you have to take that person to court, do so.
Yeah its not really your car, they can take it just about anywhere a tow truck can tow it, like not in a garage or if the car is blocked in by other cars
Both of you. You for "undo care and attention" and the other person will be fined for parking on the wrong side and blocking off the driveway. Marcy Under no circumstances would a "parked car" be at fault for an accident that you could have avoided by simply using due care as required under the circumstances. The fact that the car is parked illegally is between them and the constable and has no bearing on liability to you. All you had to do was have the illegally parked vehicle removed and you would have avoided any risk of collision, but you intentionally assumed the risk by taking matters into your own hands. Also, many jurisdictions do not prohibit "wrong side" parking, except on divided roadways.
Several things can happen. Allowing you parked legally other than insurance: the person who hit your parked car is responsible to pay damage. If you were parked on private property the lack of insurance means nothing. If you were parked on a public road or public parking lot you could be on the hook for a ticket for uninsured vehicle, but the other guy should pay anyway. Don't admit to driving with out insurance!
Sorry but you are still at fault if you hit an illegally parked vehicle. The key word is that the vehicle was parked and not moving. This placed the only one in the accident who could have prevented it is you. You are required to look where you are going, safely go around or stop before hitting the vehicle. I know it makes you made when people do this stopping where they shouldn't, but again you have an obligation to look and stop.
When an emergency vehicle is on official business, it has priority over all other vehicles. Be patient and wait for the emergency to be over.
In most states, the driver backing up is always responsible for avoiding a collision unless other circumstances enter into the collision, such as DUI, excessive speed or faulty brakes on the part of the other vehicle. But even then, the responsibility may be "shared".
Call the police to file a hit and run report.