YACAT: Who is at fault?

[mrchan]

Car 1 is parked in front of a driveway. Car 2 backs out of the driveway into car 1.


Edit:

FYI - I'm Car 1. Was waiting for my GF to get off work. The owner of Car 2, immediately after apologized and told me she would pay out of pocket. Then she got greedy, and thought maybe she could get out of it on a legality issue saying I shouldn't be parked there. So we called the cops. He filed a report and didn't issue any tickets. I have already filed a claim with her insurance co and mine. I've also talked to an insurance agent friend of mine who has worked claims for 5 years and he assures me it's the other persons fault.

What upset me is that she knows she did something wrong and is trying to weasal out of it. What happened to accepting responsibility for your actions?

Edit 2: I was IN the car. Been there maybe 2 minutes.

Edit 3: Not a residential neighborhood. It's a street of small businesses, restaurants, etc.

Edit 4: It was 10-1 Car 2 is fault with the only Car 1 vote belonging to "By default its your fault". After I added the edits, it is now 17-5. Funny how ATOT works isn't it?

 

[bctbct]

Car 2

 

[Zenmervolt]

Wait, parked in front of the driveway as in across the street from the driveway or as in parked across the very end of the driveway? If it's the latter, then I'm not sure because it's quite illegal to park in a way that blocks a driveway.

ZV

 

[mrchan]

Originally posted by: Zenmervolt
Wait, parked in front of the driveway as in across the street from the driveway or as in parked across the very end of the driveway? If it's the latter, then I'm not sure because it's quite illegal to park in a way that blocks a driveway.

ZV

The latter.

 

[everman]

Originally posted by: mrchan

Originally posted by: Zenmervolt
Wait, parked in front of the driveway as in across the street from the driveway or as in parked across the very end of the driveway? If it's the latter, then I'm not sure because it's quite illegal to park in a way that blocks a driveway.

ZV

The latter.

Still at fault for hitting them. Otherwise some people might start buying destruction derby cars to use just in case... :evil:

 

[Zenmervolt]

Originally posted by: mrchan

Originally posted by: Zenmervolt
Wait, parked in front of the driveway as in across the street from the driveway or as in parked across the very end of the driveway? If it's the latter, then I'm not sure because it's quite illegal to park in a way that blocks a driveway.

ZV

The latter.

Probably both cars then. Though the car that was backing out will probably have the a larger portion. The parked car would at most have a parking infraction (non-moving violation).

ZV

 

[DaWhim]

one is not moving, the other one moved. the moved one at fault.

 

[b0mbrman]

Originally posted by: Zenmervolt

Originally posted by: mrchan

Originally posted by: Zenmervolt
Wait, parked in front of the driveway as in across the street from the driveway or as in parked across the very end of the driveway? If it's the latter, then I'm not sure because it's quite illegal to park in a way that blocks a driveway.

ZV

The latter.

Probably both cars then. Though the car that was backing out will probably have the a larger portion. The parked car would at most have a parking infraction (non-moving violation).

ZV

That's exactly what will happen. Car 1 may get a ticket for illegal parking but car 2 will be completely at fault for the accident

 

[Tiamat]

backing out is a worse offense than parking to block a driveway, at least in NY.

 

[Glitchny]

Car 2 tottally at fault cause they are moving. Car 1 will just get a ticket

 

[mrchan]

Originally posted by: Zenmervolt

Originally posted by: mrchan

Originally posted by: Zenmervolt
Wait, parked in front of the driveway as in across the street from the driveway or as in parked across the very end of the driveway? If it's the latter, then I'm not sure because it's quite illegal to park in a way that blocks a driveway.

ZV

The latter.

Probably both cars then. Though the car that was backing out will probably have the a larger portion. The parked car would at most have a parking infraction (non-moving violation).

ZV

Police were called, no tickets were issued.

 

[FLWRHART]

car 1, shouldnt be parked in front of a driveway, car 1 hits car 2 to get them the hell out the way

 

[brtspears2]

If car 1 is at fault, I should just keep a beater truck in my garage since every morning, some jerk decides to park in front of it, not allowing me to back out. Plowing into stuff with no fault, score.

 

[Zenmervolt]

Originally posted by: brtspears2
If car 1 is at fault, I should just keep a beater truck in my garage since every morning, some jerk decides to park in front of it, not allowing me to back out. Plowing into stuff with no fault, score.

Keep the city's private towing company's number around. When it happens, call them and they'll tow the car. Much better revenge.

ZV

 

[chambersc]

car 1....after reading your OP, i guess i'm wrong. o well. i would still hold car 1 at fault.

 

[Zenmervolt]

After reading your update to the original post, I'll clarify my answer.

The car backing out is at fault, but the car blocking the driveway is a jackass. What kind of moron parks blocking a driveway?

ZV

 

[mrchan]

Originally posted by: Zenmervolt
After reading your update to the original post, I'll clarify my answer.

The car backing out is at fault, but the car blocking the driveway is a jackass. What kind of moron parks blocking a driveway?

ZV

I was IN the car, had been there for maybe 2 mins. It's not like I parked and left.

 

[SampSon]

By default you are at fault.

 

[mrchan]

Originally posted by: chambersc
car 1....after reading your OP, i guess i'm wrong. o well. i would still hold car 1 at fault.

In that case, replace Car 1 with a person standing on the sidewalk. Blame the person for standing there?

 

[Baked]

Why the hell is your car parked in front of my drive way? If it was me, I'd have your car towed, with you in it.

 

[SparkyJJO]

probably not the smartest thing to park at the end of someone's driveway, but was she blind or something?

Or is she a blonde?

 

[chambersc]

Originally posted by: mrchan

Originally posted by: chambersc
car 1....after reading your OP, i guess i'm wrong. o well. i would still hold car 1 at fault.

In that case, replace Car 1 with a person standing on the sidewalk. Blame the person for standing there?

no, because legally pedestrians always have the rigth away and are human beings.

 

[RbSX]

Car 1, it's illegal to park in front of someones exit of their driveway. Basic parking violation.

That being said the other person should have enough brains to look behind them.

 

[mrchan]

Originally posted by: SparkyJJO
probably not the smartest thing to park at the end of someone's driveway, but was she blind or something?

Or is she a blonde?

Actually, she WAS blonde.

 

[Zenmervolt]

Originally posted by: mrchan

Originally posted by: Zenmervolt
After reading your update to the original post, I'll clarify my answer.

The car backing out is at fault, but the car blocking the driveway is a jackass. What kind of moron parks blocking a driveway?

ZV

I was IN the car, had been there for maybe 2 mins. It's not like I parked and left.

Doesn't matter. You don't stop blocking a drive unless you're at a light and waiting on it. You need to go back to driver's ed.

ZV