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If someone hits my car when packing out of their driveway are they responsible for the damages?

Atlanta, GA |

My car was parked outside a friends house on the street (in a neighborhood). One of the people living at this house backed out of the driveway and hit my back bumper with his car. He claims that my car was not completely clear of the driveway and therefore, he should not be responsible for paying to fix it because my car wasnt completely clear of his driveway. However, he pulled into the same driveway with my car in the same position the night before and then the next morning hit my car when he backed out so he knew that my car was there and he was perfectly able to get into his driveway.My car wasnt illegally parked. Am I partly to blame for him hitting my car because of where I parked or should he be solely responsible because he should have been looking where he was going?

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Attorney answers 4

Posted

Have you contacted the driver’s insurance company yet? If not, I would start there. You may also want to contact the police and file a property damage report. If not, you should look into this because your insurance company may require a report before paying out on your property damage claim.

If your insurance company does not require any reports, then you could always make a claim with them and let the other person deal with your insurance company when they want repayment from him.

Good luck.

Posted

The answer to your question is that yes, the person who backed out of their driveway and struck your parked car is liable to pay the damages. Simple.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice. Laws vary widely from state to state. You should rely only on the advice given to you during a personal consultation by a local attorney who is thoroughly familiar with state laws and the area of practice in which your concern lies.

Posted

The answers above have done a good job of discussing some of the issues that you might encounter. The one thing that I wanted to add is that you should document the damage done to your vehicle -- get an estimate and take photos. These often prove invaluable.

Posted

Probably yes, as the other good answers have noted. Report to his insurer and be sure to take pictures.

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