Long story short, I backed into some pallets of stone blocks my neighbor had delivered and left on the street. There were 4 pallets, and I hit the last one (all in a line straight out of their driveway, approx 16feet into the roadway). We live in a cul de sac.
I came out of the driveway at an angle to avoid the other neighbors car, didnt see the pallet in any mirror or out any window (it was only 14" high, same color as the asphalt and it was pouring rain) and badly damaged the back end of my car at only 5km/h. Estimate from a friend in the biz, $1500+.
Of course, I'm an idiot, as I knew they were there. I was going to pay to fix it myself. But everyone I have told says go through insurance, my company will go after his. The law says you cannot park anything other than registered vehicles temporarily, therefore not my fault, its his and his homeowners insurance should pay.
What to do?
2007-06-26 13:40:22 · 9 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
Apparently I was not clear. I was prepared to pay as stated, as I HIT THEM and since I was driving, it was clearly my fault.
Children are not the same as stationary objects illegally placed for almost a month, which he received a fine for when the city came to clean the street and could not.
I have had a perfect driving record for 17 years, I am merely asking a question based on what friends have said and your courtesy is appreciated. Thanks.
2007-06-26 13:56:38 · update #1
It's your fault as you had an option to NOT move the vehicle until the obstructions were moved clear out of your path. You choose to drive and accidentally, hit the object. Therefore, you are the cause of the accident.
You are correct that you can only park (on public streets) cars that are registered. But the palets aren't vehicles. They are trash. I think you are streatching the law quite a bit to rationalize that one.
If it is THAT much out into the road, perhaps you should take a picture of it, and present it to the insurance agent. I still don't think he is liable, but it will at least avoid he-said/she-said type of situation.
My suggestion is to go with your first plan and pay for it yourself. You *might* make an anonymous call to your insurance agent and inquire about an hypothetical situation.... just to be sure.
2007-06-26 13:53:39 · answer #1 · answered by tkquestion 7 · 1⤊ 0⤋
Unless you can prove negligence on the pallets/homeowner, you are correct, you are at fault. If you went thru your insurance they would only pursue the homeowner if they were negligent. Unless you can refer to some statute, or HOA regulation, prohibiting anything other than a vehicle from being in the street...you're on your own. The good thing though is a child isn't involved and has no bearing on this; the facts are the facts. Pay for your repairs out of pocket if you can and save yourself the headache.
2007-06-27 00:44:40 · answer #2 · answered by bundysmom 6 · 0⤊ 1⤋
Sorry...you backed up into the pallets...it's your fault 100%.
Parking ordinances don't matter here. If you claim through your company you'll pay your deductible and get charged with an at-fault accident. If you can pay the damages yourself I'd do that and avoid the insurance rate hike.
2007-06-26 20:48:17 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Here in the U.S. you are clearly at fault -- no matter what is 'parked' in the street and your insurance would have to cover this loss. The reason your friends are telling you to file a claim with your company is because the raise in premium dollars probably won't be anywhere near what it will cost to repair your car.
2007-06-26 21:40:09 · answer #4 · answered by Anonymous · 1⤊ 0⤋
And if his child had been in the street and you backed over him, would that also be your neighbor's fault? He didn't put them in the street, who ever delivered them left them there. And you have already said you KNEW they were there. If you have full coverage collision insurance, they will pay for your damage minus your deductible if any.
2007-06-26 20:49:01 · answer #5 · answered by oklatom 7 · 2⤊ 1⤋
Based on what you state regarding parked object, they would be liable for the damages. File a claim with the home owner insurance.
2007-06-26 22:02:00 · answer #6 · answered by PeppermintandPopcorn 3 · 0⤊ 2⤋
Who's fault would it have been if it had been a five year old child that you hit?
You knew it was there...
It's your fault.
Do the right thing.
2007-06-26 20:45:36 · answer #7 · answered by ScooterTrash 5 · 1⤊ 1⤋
have u informed ur insurance company immeditaley in my opinion they should pay
2007-06-26 20:45:23 · answer #8 · answered by delta 7 · 0⤊ 1⤋
I think Shelcom has the best answer.
2007-06-26 22:05:56 · answer #9 · answered by ontrack522 2 · 0⤊ 1⤋