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.
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.
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.
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.
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.
Any time a vehicle hits a parked vehicle or other stationary object, the operator of the moving vehicle is responsible.
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 person who hit a parked vehicle is at fault.
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 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).
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.