Understanding Vehicle Damage Liability: A Personal Case Study
In the world of vehicle ownership, unforeseen incidents can occur even in the most familiar settings. Today, I want to share a recent experience that highlights important considerations about auto damage liability, insurance coverage, and the decision-making process after a minor collision in your own driveway.
The Scenario:
While parked safely in my driveway in a suburban area of Wayne County, Michigan, an incident unfolded involving two unoccupied vehicles. My 2017 Expedition, fully paid off with an estimated value of around $12,000 to $14,000, was stationary when a second vehicle—a vintage 1974 Ford F100 truck, operated by my fiancé’s 20-year-old son—began to roll backward after exiting the truck. The truck, which is currently a work-in-progress project vehicle licensed and insured, was parked uphill from my Expedition.
As he stepped out and closed the truck’s door, the vehicle unexpectedly slipped out of park and rolled into the front corner of my Expedition, causing noticeable damage. He was clearly out of the vehicle at the time, as captured on security footage, but not in the vehicle. The impact resulted in damage to my bumper, headlight, and possibly components like the A-arm and aftermarket wheels, all of which significantly affect the vehicle’s value and safety. Meanwhile, the damage to his truck was minimal—a surface scratch.
Insurance and Liability Considerations:
Given the circumstances, an essential question arises: Who bears the financial responsibility? Since the incident took place on private property with both vehicles unoccupied at the time of impact, determining fault is complex.
- Is it his fault since he exited the vehicle?
- Would homeowner’s insurance cover the damage?
- Could this be considered an act of God or a non-negligent occurrence?
In this case, liability hinges on whether the vehicle rolled due to a mechanical fault, negligence in parking, or another external factor. Notably, his vehicle’s rolling was unintended and occurred immediately after he exited, which could point to a mechanical issue with the parking brake or transmission. If deemed negligent, liability may fall on him.
Financial Implications:
My insurance policy includes broad collision coverage with a $1,000 deductible. Given the extent of the damage, repairs are likely to exceed this deductible, which raises questions about how best to proceed—whether to pursue insurance claims or cover repairs out-of-pocket.
Long-term, the decision carries weight. Filing
