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Who is at fault if you back out of your driveway and hit a vehicle that is illegally parked and partially blocking your driveway exit?
Wiki User
∙ 17y ago
You are. Unfortunately, it doesn't matter where the car was parked. Even if it was parked on the moon, you still hit it so... I know it doesn't seem fair but rules are rules. Well, the other driver could receive a ticket for illegally parking, but the car was unoccupied and you ran into it. That makes you responsible for the accident, particularly if you knew the car was there before you back out. Not suprisingly, that someone may have done something wrong does not mean everyone else gets to take a free shot at them. In fact, it may put more obligation on those later to lessen the effects of the wrong doers actions. So, the first one doing wrong may be less responsible than the last one, or anyone who could have avoided making it a problem.
Wiki User
∙ 17y ago
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Who is at fault if a person backs out of a driveway and hits a parked car in the road and that care is partially blocking he drive way and facing the wrong directions of the traffic flow?
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.
Who is at fault if a person backs out of a driveway and hits a parked car in the road and that car is partially blocking the drive way and facing the wrong direction of the traffic flow?
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.
If you hit a car parked illegally across from your driveway while backing out are you responsible for repairing the car that is parked illegally?
Yes. Being illegally parked does not affect fault. If you strike a parked vehicle, it is ALWAYS your fault because you have a duty to ensure the way was clear before moving.
Who is at fault if a car is parked at the edge of a driveway and a car from the driveway backs into the parked car?
The person backing up can be held accountable, since he is responsible for knowing what is in his line of backing. However, you can also be held responsible for blocking his driveway, this is considered a safety hazard. Most city ordinances have laws against parking on sidewalks and blocking private entranceways and driveways. So, you both could be in trouble but the car blocking the driveway will be cited with stiffer fines. Note that most states have some form of comparative negligence in analyzing cases like this. It is likely that the vehicle blocking the driveway would be assigned some level of negligence for blocking the driveway. However, it is probable that the majority (if not all) of the negligence would be assigned to the person backing out of the driveway, because his vehicle was in motion and he is supposed to be aware of its direction and speed of travel and any potential hazards it may encounter in its path. If I had to make a guess, negligence might be assigned 90/10 or 80/20. Depending on the jurisdictions form of comparative negligence, any damages would be split accordingly.
Can a vehicle be repossessed if it is blocked in the driveway by another vehicle?
If you have not paid your loan, your vehicle is repossessed. If your vehicle is parked illegally, such as in front of a driveway or in a no parking zone, it is impounded. In both cases, a police report should have been turned in to the local police department. With an impounded vehicle you generally have a parking ticket, a towing fee, and a storage fee. All three must be paid before you get your vehicle back. Next time walk an extra block.
What should you do if you run into an illegally parked car backing out of your driveway and you only have liability insurance and the hit vehicle already had damage to the same area?
Let your insurance company handle it. They do it all the time.
Can an uninsured vehicle be parked in a driveway?
In the UK it can, if the driveway is private property.
Can they repo a vehicle if it is in your driveway?
Yes.
Can you claim on someones insurance for accident caused due to them parking on a corner blocking view of road?
No. It would be highly unlikely that you could ever prove liability of a vehicle that was not in motion at the time of your accident, even less likely if if that vehicle was not illegally parked.
Can your neighbor stop you from parking your vehicle on a common asphalt driveway if you own the property?
Yes, if you are blocking your neighbor's free access or causing any inconvenience. Even if you own the property you own it subject to your neighbor's right to use it. Neither one of you can park on the driveway so as to block the other party.
Can you have an unregistered vehicle in your driveway in NJ?
yes
Are you liable for the damage to a car in the no parking zone?
Yes. Sure, the car shouldn't have been there and perhaps was there illegally but that does not let anyone off the liability hook for causing property damage or injury while driving a vehicle. It would be a different story if you were driving in your own lane and the other driver, illegally parked or not, came out in front of you and caused the collision. However, there may be circumstances where the illegally parked car was a contributing factor in an otherwise avoidable collision, say, where it was blocking your view or otherwise creating a hazard that you were attempting to avoid when the collision occurred. If so, whoever left it there may be partially liable for YOUR damages.
