Understanding Your Responsibility: Vehicle Accidents in Private Driveways and Insurance Implications
Navigating vehicle incidents that occur on private property can be complex, especially when it involves unoccupied vehicles colliding. Recent situations highlight the importance of understanding liability, insurance coverage, and potential financial consequences.
Scenario Overview:
Imagine a homeowner in Wayne County, Michigan, where a sequence of events led to two parked vehicles colliding in a residential driveway. The property owner’s 2017 Ford Expedition was parked when a family member’s young adult son, driving his own project truck—a 1974 Ford F100—exited his vehicle and inadvertently rolled it backward, hitting the parked SUV.
Key Details:
– The son, aged 20, operates his vehicle under his mother’s insurance policy and maintains proper licensing and registration.
– At the time of the incident, he was just outside his truck, which was parked uphill from the Expedition.
– The collision caused noticeable damage to the Expedition, including a flat tire, bumper, headlight, and possible structural components like the aftermarket wheels and lift kit.
– The son’s truck incurred only minor scratches.
– The vehicle owner’s insurance policy includes comprehensive coverage with a $1,000 deductible, and repairs estimate the damage at approximately $12,000 to $14,000.
Insurance and Liability Considerations:
One common question is whether the owner of the vehicle is liable if the vehicle was unoccupied at the time of the incident. In this scenario:
– Since the vehicle was stationary and the driver had exited the vehicle, liability typically resides with the vehicle operator—assuming the vehicle was under their control at the time.
– Regardless of whether the vehicle was occupied, insurance policies often cover damages caused during operation or control. However, specifics depend on individual policy definitions and exclusions.
– Because the damage resulted from a vehicle rolling in a driveway, homeowner’s insurance generally does not cover motor vehicle accidents—these are primarily handled by auto insurance policies unless an exception applies.
– Determining fault can influence how claims are processed. If the incident is deemed the driver’s fault, his auto insurance would generally be the primary coverage source for damages.
Financial Implications:
Assessing the long-term financial impact involves several factors:
– The owner’s auto insurance coverage, including whether the policy covers incidents like this, and the potential for increased premiums following a claim.
– Concerns about filing claims on homeowner’s insurance, especially if recent claims (such as damage from ice dams) have impacted rates
