Understanding Insurance Responsibilities After a Driveway Collision: A Case Study
When two parked vehicles accidentally collide, especially in a private driveway, it can raise important questions about insurance liability and financial responsibility. Let’s explore a real-world scenario to better understand how homeowners and auto insurance come into play in such incidents.
Scenario Overview:
A resident in Wayne County, Michigan, finds their 2017 Ford Expedition damaged after a seemingly minor accident involving a family member’s vehicle. The vehicle was parked, and the incident occurred when a 20-year-old man, operating a vintage 1974 Ford F100 pickup truck, exited the truck, which inadvertently rolled backward and struck the parked Expedition.
Key Details:
– The pickup truck was legally insured and licensed.
– The individual was out of the vehicle at the time of the incident, and it was in neutral with the parking brake engaged.
– The damage to the Expedition is significant, including a flat tire, bumper, headlight, and potential suspension components, with repair costs estimated between $12,000 and $14,000.
– The truck suffered only minor scratches.
– The owner has comprehensive auto coverage with a $1,000 deductible and a broadened collision policy.
– The incident took place in a residential driveway, prompting questions about liability and insurance claims.
Points for Consideration:
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Liability and Fault:
Despite the vehicle being parked and the driver being out of it, the question arises: Is the driver at fault?
Typically, in parking scenarios, if a vehicle is properly secured and the driver exits it, liability can still fall on the vehicle operator, especially if negligence contributed to the incident. The fact that the truck was in gear or rolled unexpectedly may influence fault determination. -
Insurance Coverage:
- Auto Insurance: Since the pickup truck was insured, its policy could potentially cover damages, especially if negligence is established. However, since the truck is a vintage project vehicle, coverage specifics should be reviewed.
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Homeowners Insurance: Usually, damages caused by a vehicle in the driveway fall under auto insurance rather than homeowner’s coverage, as home policies generally do not cover vehicle-related incidents.
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Filing a Claim:
- Should the owner file a claim with their auto insurer?
- Would the incident be considered a driver’s fault, or is it a mechanical/accident-related occurrence?
- Is there a need to involve the other driver’s insurance or consider legal advice
