Understanding Vehicle Collisions in a Private Driveway: Legal and Insurance Insights
Navigating the aftermath of an unintended vehicle collision can be complex, especially when it occurs on private property. Recently, a scenario unfolded involving two parked vehicles in a residential driveway, prompting questions about liability and insurance coverage.
Scenario Overview
In a residential setting in Wayne County, Michigan—a suburban area near Detroit—an individual’s 2017 Ford Expedition was parked in their driveway. Nearby, the homeowner’s fiancé’s son, aged 20, was operating his vintage 1974 Ford F100 truck, which is currently a work-in-progress restoration project but is fully licensed and insured under his mother’s policy.
While the son exited his truck after parking, the vehicle unexpectedly shifted out of park and rolled backward, colliding with the front corner of the Expedition. The incident was captured on security camera footage, clearly showing him stepping out of the vehicle moments before the accident.
Damage Assessment
The Expedition sustained notable damage, including a flat tire, scratched bumper, compromised headlight, and potential damage to aftermarket wheels, tires, lift kit, and A-arm. Estimated repair costs range from $12,000 to $14,000, with a comprehensive insurance policy with a $1,000 deductible in place. Conversely, the son’s truck only received minor scratches.
Liability and Insurance Considerations
A central question arises: Who bears responsibility when a parked vehicle causes damage after the operator has exited? Is it the vehicle owner’s homeowner’s insurance, the driver’s auto insurance, or a combination of both? The situation becomes more nuanced given the circumstances:
- The driver had just exited the vehicle but was still in control at some level.
- The incident occurred on private property, raising questions about liability coverage.
- The driver’s insurance policy under his mother’s plan may cover such incidents, but specifics depend on the policy terms.
- The homeowner’s insurance might also be an avenue if the damage is considered a liability claim, but this varies based on policy provisions.
Financial Implications
From a financial standpoint, the damages could far exceed the policy deductible, potentially impacting future premiums. The homeowner is cautious about filing a claim on their homeowner’s policy due to previous rate increases stemming from older claims, such as a significant ice dam incident.
Additionally, the driver’s past driving history shows prior at-fault accidents, which could influence liability decisions and insurance coverage.
Repair Options and Long-Term Impact
While a full repair at a professional body shop would
