Understanding Fault and Insurance Implications in Vehicle Collisions on Private Property
Introduction
Accidents involving parked vehicles can be stressful and complex, especially when they occur in private driveways. If you’re unsure about who bears financial responsibility or the insurance coverage involved, it’s essential to understand the nuances behind such incidents. In this article, we explore a real-world scenario to clarify the responsibilities and potential insurance claims related to vehicle collisions on private property.
Case Overview
Imagine a homeowner in Wayne County, Michigan, who experienced a minor but costly accident involving two parked vehicles. One vehicle is a 2017 Ford Expedition, fully paid off with an estimated value of $12,000 to $14,000. The other is a 1974 Ford F-100 pickup truck, driven by a 20-year-old individual who is on his mother’s insurance policy.
The scenario unfolded as follows: The young driver parked his project truck uphill from the Expedition after exiting it. Upon closing the truck’s door, it unexpectedly popped out of gear and rolled backward, colliding with the sidenear corner of the Expedition. Camera footage confirms that he was out of the vehicle at the time, having just exited.
Damage Assessment
The Expedition sustained notable damage, including a flat tire, bumper, headlight, and potential issues with aftermarket wheels, tires, lift kit, and possibly the A-arm. In contrast, the older truck incurred only superficial scratches. Given the vehicle’s value and the extent of the damage, repairs would cost significantly more than the insurance deductible.
Insurance and Liability Considerations
This scenario raises questions about fault and coverage:
-
Is the driver at fault having exited his vehicle?
-
Does homeowner’s insurance cover damage caused by third parties parked on the property?
-
Could this be considered an act of God or a non-insurable incident?
Determining Fault
In general, when a vehicle rolls away and causes damage, liability often depends on whether the driver was negligent. Since the driver was preparing to leave and had just exited the vehicle, most insurance policies—whether auto or homeowner’s—may consider the driver responsible if the negligence is established.
Insurance Coverage Insights
-
Auto Insurance: Since the driver was on his mother’s insurance, this policy might cover damages if the incident is deemed his fault. However, claims can impact his driving history and future premiums.
-
Homeowner’s Insurance: Typically, homeowner’s policies do not cover vehicle damages unless the vehicle was parked on the property and damages
