A car backed into me. I was parked in the street of my subdivision. She claims I was parked "illegally"

Question

Ok. Thanksgiving day, I had all my relatives over my house. There was no place to park in my driveway, so I park in the street, just in front of my driveway. Later that night I go out to see a movie (me and my brother went in his car), come home and see my car smashed up a little bit (now it is backed into my driveway).


Turns out the neighbor backed into my car while I was gone. At first she’s telling me that if I need any of her insurance info, its no problem... then she follows up and says "even though your car WAS parked illegally.."


She’s also claiming that I was parked in front of her mailbox, which I know I was not, because I am always conscious about doing so. However- her son is a cop and I’m afraid he can make the story fit however he wants. (He was standing beside her, out of uniform pretty much to intimidate me)


So my question is- is she not fully responsible for this incident?
Roads were fine and everything. By the way I am in Michigan. Thanks in advance

I would also like to know if it really is illegal to park in the street? As I said there was no snow on the ground.

Answer 1

It doesn't matter if you were illegally parked, you were there to be seen and you were not negligent in the damaging of your vehicle. Doesn't matter if the cops would have given you a ticket, because that's not what determines negligence.

Her insurance company may try to put a percentage of negligence on you for being illegally parked if you were, but you would definitely need to argue that, because the cause of the accident was her negligent act, not yours.

Answer 2

She is responsible, not you. Where you parked is no matter. She is trying to intimidate you to not make a claim. My wife bumped my neighbor's car parked on the street. He got his buddies at a paint shop to give him a claim that the paint repair would cost $600 for a tiny smudge. I filed a claim, I had to pay $250, insurance paid the rest. He never got the car fixed, just wanted my money. Over the next three years, insurance raised my rates by over $2000. I should have just paid him. Anyway, get her information, file a claim. A police report is not necesary. Hopefully you have a witness on your side. You could also file a complaint with the city that the cop intimidated you. It would be something that you have on record if thing ever went to court by the insurance company, however, usually they just pay because it is much cheaper than investigating and having a hearing. I'd say get the info, & file the claim.

Answer 3

You were parked illegally if you were blocking the driveway (yes, even if it is YOUR driveway) or parking in a no-parking zone (red curb, no parking, fire hydrant, etc). In some areas it is also illegal to park directly across the street from a driveway, but that has always been common knowledge in the two areas I lived with that law. Parking in front of a mailbox may be illegal in some areas so you should check into that - but I know it is not illegal everywhere as where I live everywhere possible to park has a mailbox and parking on the street is perfectly legal. If you were simply parked in the street in an area with no parking restrictions labeled, then it wasn't illegal. Even if you WERE parked illegally, she is still be responsible for hitting your car!!

Answer 4

i had the same problem except i was the one that hit the neighbor. the cops said it wasnt illegal to park across the street not far from my driveway. don't know bout her son being a cop that may cause a problem cuz he could change the story around but if you have proof such as eyewitness or pictures where your car was then you're safe. she is fully responsible for the accident. i was and my ins had to pay for the damages. i'm in illinois.

Answer 5

no you're safe... parking along houses is a common thing in urban subdivisions and if it is so illegal why is done everyday?
if a moving vehicle strikes a parked vehicle it is an automatic fault on the moving vehicle
also parking in front of a mailbox is not really illegal on a holliday since the mail man doesnt run!

Answer 6

I answered your same question on the other section about laws & ethics. I've left you a bunch of info from the Michigan government websites regarding the laws and parking and reporting accidents. I hope this helps.

Answer 7

Absolutely her fault. You cannot just hit a car because it is parked in a no-park zone- regardless if she had malicious intent or not. It is your duty as a driver to be aware of your surrounding when your driving. Dont worry about it- call her insurance- dont listen to her- they will cover your vehicle.

Answer 8

Even though I can't see how you parked, I'm betting it was legal. If it was not a no parking zone, you were parallel to the curb, and you were not blocking anybody else's drive, it is legal in every state that I've heard of. I know that you can block your own drive with no legal problems.

Answer 9

Is Michigan a 'no fault' state when it comes to car insurance? If so, let the insurance companies argue about it.

Get her insurance info; politely remind her that she hit your stationary vehicle, and if she does not pay for the damage you will make a claim; and do NOT argue with her beyond that.

Answer 10

I think it would depend upon her intent. If she hit your car with malicious intent because she thought it was parked illegally and that annoyed her, then she should be responsible. If she hit your car accidentally because of its illegally parked position, then it would be your fault. However, if it turns out that your car was in fact parked legally, then she would be responsible for the accident. (That's my take on it, at least.)