Understanding Liability and Insurance When Unoccupied Vehicles Collide in Your Driveway
Dealing with vehicle accidents can be complex, especially when personal vehicles are involved on private property. Recently, a situation unfolded in my own driveway that highlights some important considerations for vehicle owners, homeowners, and those navigating insurance claims.
The Incident:
I live in Wayne County, Michigan—a suburban area near Detroit—and I was recently involved in an unexpected collision involving two parked vehicles. My 2017 Ford Expedition was parked on my property, while my fiancée’s son, a 20-year-old with a project truck—a 1974 Ford F100—drove into the driveway. His truck is street-legal, insured, and licensed, but it’s a work-in-progress.
While parking his vehicle up the slope from mine, he exited, closed his truck door, and inadvertently left it in gear. Moments later, the truck rolled backward, striking the front corner of my Expedition. Fortunately, the incident was captured on security cameras, confirming he was out of the vehicle when it moved.
Damage Assessment:
My Expedition sustained significant damage, including a flat tire, bumper damage, a headlight, and possible issues with the aftermarket wheels, tires, lift kit, and A-arm. The estimated repair cost exceeds $12,000, and my insurance policy—broad collision with a $1,000 deductible—should cover repairs, though I am concerned about potential rate increases.
In contrast, his truck only has minor scratches. Given that the vehicle is valued around $12,000–$14,000, the impact on his insurance record could be consequential, especially since this is his third at-fault incident since turning 16, with the latest within the year.
Legal and Insurance Considerations:
One key question I have is: Who bears responsibility in this scenario? Since he exited the vehicle before it started rolling, is this automatically his fault? Would this situation fall under homeowner’s insurance, auto insurance, or be classified as an act of God or a random incident?
On the financial front, I’m weighing whether filing a claim through my homeowners policy or my auto insurance coverage makes more sense. We’ve previously had a significant ice dam claim on our house about five years ago—adding a layer of hesitation due to potential premium hikes.
Repair Decisions:
Given our limited budget, I’m considering temporary repairs to keep the vehicle safe and roadworthy, but I don’t plan to restore it to pristine condition at a body shop. My goal