Two unoccupied vehicles collided in our own driveway. Auto or home owners or don’t file?

Understanding Vehicle Collision Liability in a Personal Driveway: A Case Study

Navigating the complexities of vehicle accidents involving unoccupied cars can be challenging, especially when insurance and liability questions arise. Recently, a local incident highlighted these issues and offers valuable insights for vehicle owners.

Scenario Overview

In a residential setting within Wayne County, Michigan—a Detroit suburb—a 2017 Expedition was parked in the driveway when an unoccupied vehicle was involved in a collision. The second vehicle was a 1974 Ford F100 truck, driven by a 20-year-old occupant (on his mother’s insurance). He had recently been working on this project truck, which was fully licensed and insured.

The incident occurred when the young man exited his truck after parking it on an incline. As he shut the door, the vehicle unexpectedly rolled backward, hitting the front corner of the Expedition. Despite being out of the vehicle at the time, the truck’s movement caused damage to the parked vehicle, which is valued at approximately $12,000 to $14,000.

Damage Assessment

The Expedition sustained significant damage, including a flat tire, bumper, headlight, and possible damage to aftermarket wheels, tires, lift components, and suspension parts. Meanwhile, the F100 incurred only superficial scratches. The vehicle owner’s insurance policy includes broad collision coverage with a $1,000 deductible.

Liability and Insurance Considerations

This incident raises key questions about liability, especially considering the vehicle was unattended when it moved unexpectedly:

  • Is the driver responsible for the damage even if he was outside the vehicle at the time?
  • Should homeowner’s insurance cover the damages, or is this strictly an auto insurance matter?
  • Could this be classified as an act of God or an unforeseen accident?
  • How might insurance claim decisions impact long-term financial considerations?

In Michigan, liability generally falls to the at-fault party in vehicle accidents. Since the young man was outside the vehicle but it was in motion due to an unexpected roll, liability could be complex. Many insurance policies specify that if a vehicle moves without operator control, the responsibility may still lie with the driver or owner, depending on circumstances.

Financial Implications

The policyholder is contemplating whether to proceed with repairs to restore the vehicle to a safe, roadworthy condition—though perhaps not to showroom standards—or to accept the vehicle’s devaluation and settle for a lower-grade repair. There’s concern over potential increases in insurance premiums, especially considering a history of at-fault incidents by the driver.

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