We live on a culdesac street where parking is very limited. We have a very long driveway and back out early in the morning. My neighbors park on the street head on into the curb and there for are sticking out into the culdesac in front of our driveway. What happens if we hit there car that is improperly parked - are we liable for their damages?

This is a difficult one. Technically, yes, you are. Whoever is entering the road needs to ensure that they can do so safely, even if the other car is parked illegally. On the other hand, I can sympathize, being in the same position myself. I've seen people park in such a way that it is very difficult to get out my own driveway. If you know the neighbor, you might want to go talk to them and see if you can work out something. Tell them that you both value your cars, and don't want to see either of them getting damaged, but they need to understand that you do need to be able to get out your driveway to go to work. So maybe they can move the cars before X in the morning, so that both of you are happy?

We just had a similar question. In the case of a moving vehicle hitting a stationary obstacle, they moving vehicle is always 100% at fault. A moving vehicle's driver is required to take precautions to avoid physical obstacles.

If the neighbor is parking illegally, you can talk to them and explain, politely, that, if they are illegally parked in such a way that it interferes with your existing your driveway, you will be forced to call the police and have the car ticketed.

If they are not illegally parked, then you are stuck. What you may want to do, is request a variance from the town to widen your driveway, so they have to move away from the driveway more.

Yes in the US a moving car that hits a parked car will be at fault.
You were given some good ideas, I know the feeling, often I wish I could just bull doze though some of those silly parked cars that are blocking drives and the such.

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Originally Posted by ScottGem

We just had a similar question. In the case of a moving vehicle hitting a stationary obstacle, tyhe moving vehicle is always 100% at fault. A moving vehicle's driver is required to take precautions to avoid physical obstacles.

If the neighbor is parking illegally, you can talk to them and explain, politely, that, if they are illegally parked in such a way that it interferes with your existing your driveway, you will be forced to call the police and have the car ticketed.

If they are not illegally parked, then you are stuck. What you may want to do, is request a variance from the town to widen your driveway, so they have to move away from the driveway more.

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Of course, if you have people like I have seen, that doesn't help at all. I have lived in a condo complex where our garages opened up right onto the road (no driveways) and have opened my garage door to find a car parked across the entrance, blocking me in. Even though it was posted as "No Parking" and a fire lane, as well! So I can see widening the driveway, and still having people park in the same place.

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Originally Posted by froggy7

Of course, if you have people like I have seen, that doesn't help at all. I have lived in a condo complex where our garages opened up right onto the road (no driveways) and have opened my garage door to find a car parked across the entrance, blocking me in. Even though it was posted as "No Parking" and a fire lane, as well! So I can see widening the driveway, and still having people park in the same place.

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Very true, but if the car is parked illegally, especially in a condo complex, it can be ticketed or towed.

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Originally Posted by nancyb

We live on a culdesac street where parking is very limited. We have a very long driveway and back out early in the morning. My neighbors park on the street head on into the curb and there for are sticking out into the culdesac in front of our driveway. What happens if we hit there car that is improperly parked - are we liable for their damages?

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I'm an accident investigator - I see moving vehicles hitting stationary vehicles all the time. The moving vehicle is at fault. The fact that a vehicle is blocking your "path" doesn't mean you can hit it - even if you don't see it. If your argument is that you didn't see it, didn't realize your "path" was blocked, then you weren't showing due diligence when you backed up.

If that parked car had instead been a person standing there, you also couldn't run the person over.

Yes, you are responsible to the damage to both cars.

NOW - if that illegally parked car had caused you to hit ANOTHER car, a moving vehicle, you could have some cause against the illegally parked vehicle - but that's not the case here.

You could talk to the neighbor and explain how he/she is blocking your driveway or you could just call the Police the next time it happens but this accident is your fault.

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Originally Posted by ScottGem

Very true, but if the car is parked illegally, especially in a condo complex, it can be ticketed or towed.

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Yeah... but that involves calling the HOA, and then they send someone over to put a ticket on it, and then they eventually send someone to tow it. Which may not be for a day or two, which means that I can't get to work. The thing that made me really mad when I hunted down the person and got them to move their car was that they didn't understand what my problem was... they had left a vacant spot open so that I could park there! I'm like: I want to leave, not park!

And I have always wondered, given the long delay in the HOA doing anything about the situation, what happens if there is an emergency? I live in earthquake and fire country, and what happens if I am ordered to evacuate, and there is someone blocking my exit with their car? Especially since that someone may not be able to get in and move it, if they aren't allowing people back in to the neighborhood.

I went through a similar fear when my wife was pregnant. At the time we leaved on a narrow street with parking only on my side. In addition, my house was one of the few that had a driveway. Frequently cars would block my driveway and I was sure, my wife would tell it was "time" and I'd find someone blocking. Fortunately it didn't happen that way.

But if you are being ordered to evacuate, there will be emergency services people going through the area. If you are blocked in, they can and will move the obstacle.