Understanding Vehicle Accidents on Private Property: Navigating Liability and Insurance Options
If you’ve ever experienced a vehicle collision within your own driveway, you’re not alone. Such incidents can raise complex questions about liability, insurance coverage, and potential financial implications. Let’s explore a recent example to understand how these situations are typically evaluated and managed.
A Personal Experience with a Driveway Collision
Consider a homeowner in Wayne County, Michigan, who encountered an unexpected incident involving two parked vehicles. The property owner has a 2017 Ford Expedition, which was stationary at the time of the incident. A family member, a 20-year-old driving a vintage 1974 Ford F100 work truck—covered under his mother’s insurance policy—entered the driveway and parked uphill from the Expedition. After exiting his vehicle and closing the door, the truck unexpectedly rolled backward, striking the front corner of the Expedition.
The aftermath revealed significant damage to the Expedition, including a flat tire, bumper, headlight, and possible suspension components. Estimates suggest the repair costs could range from $12,000 to $14,000. The truck, on the other hand, sustained only minor scratches. The homeowner’s insurance policy includes broadened collision coverage with a $1,000 deductible.
Key Questions and Considerations
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Who bears responsibility in this scenario?
Although the driver was out of the vehicle when the incident occurred, the vehicle’s movement was attributed to operator error or mechanical factors. Many might wonder if the driver’s action constitutes fault, especially since he had recently exited the vehicle. -
Is this a homeowner’s liability issue?
Typically, vehicle accidents involving parked cars on private property fall under auto insurance, not homeowners insurance. However, circumstances can vary based on specific policies and local laws. -
Could this be classified as an act of God or unforeseen accident?
Sudden vehicle rollbacks are often considered preventable accidents, especially if safety precautions like parking brakes are used. -
Which insurance coverage is primary?
Since the driver’s vehicle is insured under his mother’s policy, and the damage involves a driver-vehicle, auto insurance is generally the first line of coverage. Homeowners insurance usually does not extend to vehicle collisions unless specially specified.
Financial and Emotional Impact
For the property owner, the repair costs are substantial, and with the vehicle being worth around $12-14K, repairs may not restore it to its former state. While fixing the vehicle to a safe, roadworthy condition is
