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Can I be sued if I backed into a car that was preventing me from leaving my driveway? My Only income is Social Security.

Montgomery, AL |

After complaining to my across the street neighbors for three and a half years about their many visitors blocking my driveway making it impossible for me and my roommate to be imprisoned and unable to back out of my drivway, can I be sued if my only my only income is Social Security? I did not have insurance at the time.

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Attorney answers 5


Your income or lack thereof is not relevant to the determination of who is at fault. If you intentionally backed into the car you have problems. If you negligently backed into the car, your insurance - if you had it - would have covered your negligence. There have got to be other ways to deal with cars blocking your driveway like a complaint to the local police, the municipality's code enforcement office or a local civil attorney who could send what we call a 'nastygram' and explore other options with you.

The good news: IF the other guy sues you and gets a judgment, social security income is exempt from attachment.

But, as you will see in the article linked below, backing into another vehicle, even if that other vehicle is breaking the law, does not absolve the backer of wrongdoing:


Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


Yes - damages another vehicle would require that you be responsible for the damages.


I agree with Mr. Myers' assessment. You need to be very careful as to how you proceed in this matter. If you backed into the vehicle accidentally, while trying to move around it, the claim may be covered by your liability insurance (if you carry any.) Unfortunately, your income is not relevant to the issue of your responsibility. Good luck resolving this, and good luck getting your parking situation squared away!


Yes. Work out a payment plan. Also, never drive without insurance, it is illegal and you not only put yourself at risk, but you put others at risk as well.

Only 29% Contingency Fee! Phone: 215-510-6755


Of course you can be sued. I would assume you are not going to say it was intentional. If they win, they can't touch social security.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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