YACAT: Who is at fault?

[mrchan]

Originally posted by: 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.

Wasn't her driveway. It's a row of houses that have all been turned into businesses. It's a street full of small businesses.

And I repeat, I was there picking up my GF, all the street spots were taken so I pulled over in front of the driveway.

 

[mrchan]

Originally posted by: 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

I'm not talking about the legaility of parking in front of a driveway. Thanks though.

 

[chambersc]

Originally posted by: mrchan

Originally posted by: 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

I'm not talking about the legaility of parking in front of a driveway. Thanks though.

then you have no case and know that you are in the wrong?

 

[jagec]

Originally posted by: chambersc
then you have no case and know that you are in the wrong?

no "case"? He isn't going to court, you know.

Both insurance companies will fight over it. Given that it's her word against yours, the outcome will depend on your insurance company, and how (in)accurate your statement to them was. It could go either way, or they could decide to split the difference and go 50/50. Your best bet is to keep in constant contact with your adjuster, and send them pictures, diagrams, explanations, paragraphs of your state traffic laws with relevant sections highlighted, and so on.

 

[chambersc]

Originally posted by: jagec

Originally posted by: chambersc
then you have no case and know that you are in the wrong?

no "case"? He isn't going to court, you know.

Both insurance companies will fight over it. Given that it's her word against yours, the outcome will depend on your insurance company, and how (in)accurate your statement to them was. It could go either way, or they could decide to split the difference and go 50/50. Your best bet is to keep in constant contact with your adjuster, and send them pictures, diagrams, explanations, paragraphs of your state traffic laws with relevant sections highlighted, and so on.

i didn't mean case as a letigious matter but rather as one that belongs in the court of public opinion which is what he's asking.

 

[mrchan]

Originally posted by: jagec

Originally posted by: chambersc
then you have no case and know that you are in the wrong?

no "case"? He isn't going to court, you know.

Both insurance companies will fight over it. Given that it's her word against yours, the outcome will depend on your insurance company, and how (in)accurate your statement to them was. It could go either way, or they could decide to split the difference and go 50/50. Your best bet is to keep in constant contact with your adjuster, and send them pictures, diagrams, explanations, paragraphs of your state traffic laws with relevant sections highlighted, and so on.

I'm not worried about the insurance aspect. There is no discrepancy on what happened, the other driver knows its her fault but thinks she can get out of responsibility because I parked where I shouldn't be. A friend of mine that is an insurance agent and worked claims for 5 years assures that it doesn't matter where I was parked, I could be parked in a red zone and it would still be her fault.

I was more curious what the ATOT response would be, before and after I indicated which party I was.

 

[mrchan]

Originally posted by: chambersc

Originally posted by: jagec

Originally posted by: chambersc
then you have no case and know that you are in the wrong?

no "case"? He isn't going to court, you know.

Both insurance companies will fight over it. Given that it's her word against yours, the outcome will depend on your insurance company, and how (in)accurate your statement to them was. It could go either way, or they could decide to split the difference and go 50/50. Your best bet is to keep in constant contact with your adjuster, and send them pictures, diagrams, explanations, paragraphs of your state traffic laws with relevant sections highlighted, and so on.

i didn't mean case as a letigious matter but rather as one that belongs in the court of public opinion which is what he's asking.

No, I'm not. I'm asking who is responsible for the accident.

 

[crystal]

Who said car 1 is at fault is a moron. Don't you watch where you back up to?

 

[Jzero]

Shared blame. Car 1 bears some responsibility for standing while blocking the driveway. Car 2 bears some responsibility for not whatching where she was going.

 

[freebee]

Public opinion is OP is an idiot for parking in someone's driveway. However, illegally parked is still "parked". No insurance company is going to fight over it. Statements in this case doesn't matter. Jagec stop being so foolish. No one is going to look at pictures or diagrams. Its going to end up scanned to some file and discarded. Its 0% for car 1. 100% for car 2.

edit-in addition Jzero, there is no "bears some responsibility for car 1." This is tort law and vehicle code, not Sunday school.