Understanding Liability in Vehicle Incidents on Private Property: A Case Study
When two parked vehicles unexpectedly collide in a private driveway, it raises important questions about liability, insurance coverage, and financial responsibility. Here’s an in-depth look at a real-world scenario to help clarify how these situations are typically navigated.
The Scenario
A single homeowner, residing in Wayne County, Michigan, shares their story of a recent incident involving two parked vehicles: a 2017 Ford Expedition and a vintage 1974 Ford F100 pickup. The homeowner is engaged, living with their partner and her son, who is 20 years old and covered under his mother’s insurance policy.
The incident occurred when the son’s pickup, parked uphill from the homeowner’s Expedition, was exited after being parked. As he closed the truck’s door, it unexpectedly popped out of park, started rolling backward, and collided with the front corner of the homeowner’s vehicle. Fortunately, the entire sequence was captured on surveillance footage, confirming that the driver had just exited the vehicle at the time.
Damage & Insurance Implications
The homeowner’s Expedition sustained significant damage, including a flat tire, bumper, headlights, and potentially more extensive damage to aftermarket wheels, tires, lift kit, and suspension components. The estimated repair cost exceeds the deductible on their broad collision policy, which is set at $1,000. Conversely, the son’s truck only has minor scratches.
Liability Considerations
A key question arises: Is the son at fault simply because he exited the vehicle?
Generally, in vehicle incidents on private property, liability hinges on factors such as vehicle control, speed, and driver awareness. Even if the driver was outside and had just exited, the vehicle’s unexpected movement suggests potential negligence, especially if the parking brake was not engaged properly. Given the circumstances, the vehicle owner or operator may be considered liable for failing to secure the vehicle adequately.
Insurance Coverage for Property Damage
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Auto Insurance: Since the incident involves a vehicle collision, the homeowner’s auto insurance (broadened collision coverage with a $1,000 deductible) is likely the primary resource for repair costs. This coverage can help mitigate out-of-pocket expenses, but claims may impact future premiums or be subject to policy details.
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Homeowners Insurance: While homeowners insurance typically covers property damage, it usually excludes vehicle collision damages unless the vehicle damage extends to physical structures or is covered specifically under certain policies. In this case, since the damage is to a vehicle, homeowner
