Title: Navigating Vehicle Damage Incidents in Private Driveways: Insurance and Liability Considerations
Understanding Liability in Unintentional Collisions on Private Property
Accidents can happen unexpectedly, even in the comfort of your own driveway. Recently, an incident occurred where two parked vehicles unintentionally collided, raising questions about insurance responsibilities and liability, especially in residential settings. If you find yourself facing a similar situation, it’s essential to understand the nuances of insurance coverage and legal responsibility.
Case Overview
In this particular scenario, I am a single individual, currently engaged and residing with my partner and her son. My 2017 Ford Expedition was parked in our driveway when my partner’s 20-year-old son arrived driving his vintage 1974 Ford F100 pickup truck—a project vehicle currently in progress. The truck was properly licensed and insured under his mother’s policy.
After parking uphill from my vehicle, he exited his truck, which was momentarily out of gear. As he closed the door, the truck unexpectedly rolled backward, striking the front corner of my Expedition. Fortunately, all parties were present, and this incident was captured on security cameras, confirming that he was out of the vehicle at the time of the collision.
Damage Assessment
The impact resulted in significant damage to my Expedition, including a flat tire, bumper, headlight, and possibly other components like aftermarket wheels, tires, lift kit, and suspension arms. The estimated repair cost exceeds the vehicle’s current value of approximately $12,000 to $14,000. My insurance policy includes broad collision coverage with a $1,000 deductible.
In contrast, the other vehicle, his truck, sustained only superficial scratches.
Liability and Insurance Considerations
One key question is whether the incident is solely his fault, given that he had exited the vehicle. From a legal standpoint, liability typically depends on whether the vehicle was left in a drivable state and if appropriate precautions were taken. Since the truck rolled away while the driver was absent, responsibility generally falls on the vehicle owner, especially when the vehicle was not properly secured.
Insurance coverage involves multiple possibilities:
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Auto Insurance: If the damage to my vehicle exceeds the deductible and falls within the coverage limits, auto insurance may handle the repairs, provided the driver’s insurance policy covers such incidents. Since the truck was insured, there might be a need to claim against his policy.
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Homeowners or Renters Insurance: Some might wonder if homeowners or renters coverage could apply. Typically,
