My son was at a friends house the cars were parked in the driveway. The person that lives there and his buddie backed his car around my sons car and when the buddie got out he left the door open and went to wright on my sons windshield with car chalk. My son tried to back up (He was trying to leave any way) to get away from him so he wouldn't have to clean it off. He hit the other cars open door. Who is at fault?

Your son would be at fault. He didn't look before proceeding. Even a quick check of the mirrors would have told him another car was in a stationary position behind him. Either pay the bill or turn it into your insurance company.

Yep, your son, from what you say the other car was stopped. Your son was the only thing moving so he hit a stationary object

Well it was dark. And wouldn't the person that left the door open to commite criminal mischief on his windshield be at fault?

No, was the other boy charged with a crime and later convicted? Either way your son was the one who moved the car causing the accident. Its just a lesson to be learned. When your in charge of a car and choose to drive it you always need to pay attention.

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Originally Posted by doginit2makeit

Well it was dark. and wouldnt the person that left the door open to commite criminal mischief on his windshield be at fault?

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So, if your son ran over a child, it would be okay because "it was dark"? Your son was the one operating his vehicle. Regardless of what his friends were doing, he was supposed to maintain control of his vehicle at all times. He hit a stationary object - he is at fault.

And I don't see a prank between friends as "criminal mischief." Had his friends been using spray paint or causing damage in some way, then yes. Windshield chalk? Not so much.

So I am going to take a wild guess and say this was not reported to the insurance company or the police, right? I think we all agree that your son is at fault and should pay for the damages. He may not have intended to do anything wrong but he used poor driving skills, never back up unless you can see what's behind you.

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Originally Posted by doginit2makeit

Well it was dark. and wouldnt the person that left the door open to commite criminal mischief on his windshield be at fault?

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I'm an accident investigator - no. If it was dark that was even a better reason for your son to be cautious.

When "kids" play games using cars someone always gets hurt - physically OR financially.

Now it's my turn to be harsh - if your son would have run someone over while trying to "escape" from someone attempting to write on his car, someone who was NOT threatening him physically (and, in some cases, even if someone were threatening him physically), he could be charged with everything from vehicular manslaughter on down. I trust you have spoken to him about what is and is not appropriate when he's behind the wheel of a car and I trust he has his own insurance and is not on your policy?

Will not add a lot, just agree, son was at fault, while it would not have happened, ( maybe) if the other had not been doing a prank but son can be charged and liable for the damage, the other boy could have been charged criminally for the attempted damage.

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Originally Posted by Fr_Chuck

Will not add alot, just agree, son was at fault, while it would not have happened, ( maybe) if the other had not been doing a prank but son can be charged and liable for the damage, the other boy could have been charged criminally for the attempted damage.

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- IF writing on a car with removable chalk is damage. And that's up to the Police to determine.

One could have been ticketed for reckless endangerment (in my State) and the other for criminal mischief.

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Originally Posted by Fr_Chuck

Will not add alot, just agree, son was at fault, while it would not have happened, ( maybe) if the other had not been doing a prank but son can be charged and liable for the damage, the other boy could have been charged criminally for the attempted damage.

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Don't mean to "argue" but I don't see how the other kid could be at fault for something he wasn't doing. Windshield chalk washes off with water; I don't understand why the OP's son had such a hissy fit that he backed out of the driveway and hit someone's car just to not get chalk on his own car.