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Who's fault is it when the accident occurs?
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Who's fault is it when the accident occurs?

I parked my car on the sidewalk of the house, the streets are very narrow and driveway is very compact. When I parked my car on the sidewalk the car is very close to the entrance of the driveway but not blocking it. When my friend pulled down the driveway, he underestimated the distance and scrapped my bumper on the side and some paint came off.

Who do you think is responsible for this incident? His negligence to be more careful and check everything in his way so that he could back out of the driveway or is it my problem for not leaving the driveway more room to prevent such accidents.

Should it be 20/80, 50/50... how would you do this?
Additional Details
Take notice that: the accident would not have happened if he checked all his mirrors and carefully backed out. Should I have to pay for his mistakes?


    




Jeff W
You were parked illeagly...sidewalks are not for cars.


pomjon1
Rating
Have you already admitted in this statement that you could have parked better? For a resolution, sit down, have lots of beers and smoke some pot and you will sort it out amicably.


Chris M
Rating
hello. I do not know of an 'at fault' driver, from this statement. The street is 'very narrow', and he 'underestimated the distance' when he 'pulled down' the driveway. am left to assume 'he' had comfort with backing down his driveway. A picture would help to 'feel the scene. good luck with your friend. : }


gjkishere
If i was the driver, i'd say yes, If i were you, i'd say no.

In court? Who knows...


Cilly Buggah
Rating
It was totally his fault.
Even if you had totally blocked his exit it doesn't excuse him if he runs into you. He should check first and see that it is safe. If not, then he is entitled to come and complain but not to ram you.
You may have parked badly... but he was in charge of a vehicle, which caused the accident by virtue of his bad driving.


Hez H
Well. I think such accidents should always be predicted on the road. If you are a real driver you should not complain such accidents since you should always expect anything to happen.
According to what you wrote, since you had already parked the car, so moving car must have mistaken, but ONLY if there had been enough space for it to pass thru!

I believe you better politely ask him to pay for what he did to your car, but what's important is that you should get it off your mind in case he refused to pay the cost.


UCANTCME
OKAY, IF IT IS LEGAL TO PARK ON THE SIDEWALK AS YOU SAY THEN THE PERSON THAT IS BACKING UP IS COMPLETELY RESPONSIBLE FOR ANY AND ALL OF THE ACCIDENT.

IF I WERE YOU I WOULD MAKE SURE THAT WHAT YOU ARE SAYING IS TRUE BY HAVING SOME DOCUMENTATION TO SUPPORT YOUR CLAIM.


blownupboy
Rating
i would say it is all his fault because your car was parked, and he was driving his. however, since you make a note of saying that you were very close, and it is a friend... it would be considerate to take some of the blame. my final answer is 20/80. but if he gives you any crap, make him pay for all of it, cause its his fault.


Scott H
It would seem to me that if a driver hits a stationary object, that driver is at fault, even if the object was illegally parked or parked incorrectly.


sweet water
Rating
I agree with Scott. Your friend is at fault because he had the chance to avoid the accident and he didn't. Whether you are partly at fault, or if you were negligent will be decided by the insurance company, I suppose.


Al Mac Wheel
You may want to have the car checked by a body shop.
Even though the bumper might LOOK Ok, there could be stuff broken out of signt making the car dangerous to drive.

It is not unusual to get into a parking place where there was plenty room when you came in, but not enough room to get out safely. This is one of the reasons why I try to back into parking spaces, and drive-ways.

I know from experience that it is a heck of a lot easier to get out of a tight spot driving forwards than backing out.

There are in fact times in narrow roads when there is no way that ANY driver, no matter how skilled, is able to get out withoug banging into someone, In that scenario, it is the driver responsibility to locate the drivers of the parked cars, and ASK then to move, so you can get your car out without banging into anyone.

You said you parked on the sidewalk.
In many communities this is illegal.
The roads are designed so people supposed to park on only one side of narrow roads, and there are city signs informing the motorists of which side that is.

Often people violate this, and by so doing, they contribute to accidents. Let's suppose you were on a street, with people parked on both sides, where only one side supposed to get parking. People parked on wrong side could get in trouble, especially any parked in immediate proximity to the accident.

However, sometimes due to more people wanting parking spaces, and city not wanting to widen roads, and property owners not wanting to give up some of their yards to support this, in some communities it is legalized to park on the sidewalk.

There's also a deal about not parking so you are right up against the edge of the driveway, or an intersection ... I don't remember the distance, it might be different in different communities ... the reason for this is to give room for people to go around the corners, and to see around the corners.

Depending on how you were parked, even though you were not blocking the driveway, you may have been parked illegally.

Illegal parking can have a mitigating effect.

However, if you were not parked illegally, then your friend takes all the heat for the accident.


JT B ford man
OK here you go , Try this When backing up no matter where you are you should watch out for anything that could be in the way, I know how you feel that happen to me in the driveway , so I think the one driving the car should be at fault IT A PARKED CAR for heaven sakes, Now here is what the police around he in Ga, says (You are your own driver) You drive you pay attention, hope this helps.





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