Understanding Liability in Driveway Collisions: A Case Study
When two parked vehicles unexpectedly collide within a private driveway, many homeowners and vehicle owners face complex questions regarding liability and insurance coverage. Recent incidents highlight the importance of understanding how insurance policies and fault are determined in such scenarios.
Case Overview
Consider a situation involving a 2017 Ford Expedition parked on a residential property in Wayne County, Michigan. The vehicle, which is fully paid off and valued between approximately $12,000 and $14,000, had a flat tire and minor exterior damage sustained in a collision. Nearby, a 20-year-old individual was operating a vintage 1974 Ford F-100 pickup truck, a vehicle currently undergoing restoration work. The truck is licensed and insured under the mother’s policy, with the driver listed as an occasional user.
The Incident
After parking his truck uphill from the Expedition, the young man exited his vehicle, which then unexpectedly rolled backward, striking the front corner of the Expedition. Surveillance footage confirms he was out of the vehicle at the time of the impact. The damage to the Expedition includes a damaged bumper, headlight, and potentially more extensive repairs to aftermarket wheels, tires, and suspension components. The damage to the F-100 is minor, with only superficial scratches.
Insurance and Liability Considerations
Key questions arise from this situation:
- Is the driver legally responsible for damages, even if he had exited the vehicle?
- Would homeowner’s or auto insurance be the applicable coverage?
- Could this be classified as a non-culpable, accidental act?
Typically, in scenarios where a vehicle rolls away and causes damage, liability may depend on several factors, including whether the driver was negligent—such as failing to engage the parking brake properly. Given that the driver exited the vehicle while it was on an incline, insurance companies may consider whether proper precautions were observed.
Coverage Implications
The primary insurance currently in question is the vehicle’s auto policy, which includes broad collision coverage with a deductible of $1,000. Since the Expedition is fully insured with comprehensive and collision coverage, filing a claim may mitigate repair costs, though it could impact the driver’s insurance history if deemed at fault.
Homeowner’s insurance is less likely to cover damages resulting from vehicle accidents unless linked to property damage caused during events like storms or vandalism. It’s generally not applicable for vehicle-related incidents unless explicitly stated in a specific policy rider.
Financial Considerations
The cost of repairs, exceeding the deductible, raises concerns
