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-   -   If my car was parked and their car was damaged is it my fault? (https://www.askmehelpdesk.com/showthread.php?t=525454)

  • Nov 13, 2010, 01:31 AM
    paulkari
    If my car was parked and their car was damaged is it my fault?
    I parked my car very close to theirs in the dark. The next morning, as they drove off, their bumper was pulled off as it had become attached to my towbar. I was in my house, they called me and said "Your towbar pulled off our bumper". I know I was very close, but is it not their duty to ensure the car is safe to pull away? I feel they could have approached me prior to driving.
  • Nov 13, 2010, 06:03 AM
    ScottGem

    If you parked in such a way that your tow bar was hooked onto their bumper, you are at fault. If, however, then backed to maneuver out and that's how it got hooked then I would say it was their fault or shared. I say shared because your tow bar presented an undue hazard.
  • Nov 13, 2010, 06:05 AM
    joypulv
    I doubt that there is a law or insurance policy covering this situation with all it's nuances, and even in small claims it would depend on the judge. It sounds like your towbar was under the bumper and the weight of the people was enough to lower the bumper and catch it. You were remiss (and inconsiderate!) for being so close and they were remiss for not stopping backing up the second they heard the first crunch. I would find you equally at fault, or you slightly more if they did indeed stop in the first 2 inches or so. I think the ethical thing to do is offer to pay for at least half. It seems you live in the same building and know each other; best to settle this before it escalates.
  • Nov 13, 2010, 06:11 AM
    ScottGem

    I disagree. I think you turn this over to your insurance company and let them handle it. Its up to the claims examiners to determine your share of fault.
  • Nov 13, 2010, 06:44 AM
    joypulv
    I personally avoid involving my insurance co, and thus keep my premium very low. With basic coverage, safe driver credit, and no violations or claims, I pay less than $300 a year.
  • Nov 13, 2010, 06:54 AM
    ScottGem

    Then why bother with insurance at all? Since you are prepared to pay any damage or liability on your own!

    Most of us pay for insurance to prevent unplanned out of pocket expenses. By the way, I've had to put in about 6 claims on my auto insurance over the past 8 years. My rates have never been raised due to any claims.
  • Nov 13, 2010, 07:05 AM
    paulkari
    I have already offered to pay 75% of the cost, but wanted affirmation, thanks
  • Nov 13, 2010, 07:11 AM
    Fr_Chuck

    But you will pay out 1000's in claims if you don't turn over what can be costly law suits to the insurance, without letting them "handle" it, you could be out double at times what the actual claims should have been and more.

    I pay less than 300, and turn claims into my carriier, since that is what I pay them to do

    But if you parked so close and the way you parked caused the issue, of course you are at fault.

    An accident investigator will need to look into it.

    Of course they may have backed into you, that has to be looked at thought he evidence
  • Nov 13, 2010, 07:25 AM
    paulkari
    It was a low cost - £120 and my insurer advised me that I would lose my no-claims bonus. The neighbour wanted to repair it this week.
  • Nov 13, 2010, 07:28 AM
    Fr_Chuck

    If it is a very low cost, yes you may do well just paying it,

    The last time I had just a small chip of paint and dent on one bumper, it cost me over 800 dollars to have it fixed.
    ** the person who hit me, also just paid for it without going though his insurance.
  • Nov 13, 2010, 06:13 PM
    twinkiedooter
    Quote:

    Originally Posted by joypulv View Post
    I personally avoid involving my insurance co, and thus keep my premium very low. With basic coverage, safe driver credit, and no violations or claims, I pay less than $300 a year.

    Sounds like you have the state minimums with no comp or collision for your car. Heaven help the person you end up in an accident with. You are the very reason I carry uninsured and UNDERinsured motorist's insurance. I carry 100/300 liability. You are only showing your total ignorance by "bragging" about how little you pay per year versus how financially responsible you really are. Who is going to pay for YOUR accident should you have a 4 car wing ding that you caused? You are just setting yourself up for a huge judgment.
  • Nov 13, 2010, 07:35 PM
    AK lawyer
    Quote:

    Originally Posted by joypulv View Post
    I doubt that there is a law or insurance policy covering this situation with all it's nuances, and even in small claims it would depend on the judge. It sounds like your towbar was under the bumper and the weight of the people was enough to lower the bumper and catch it. You were remiss (and inconsiderate!) for being so close and they were remiss for not stopping backing up the second they heard the first crunch. I would find you equally at fault, or you slightly more if they did indeed stop in the first 2 inches or so. I think the ethical thing to do is offer to pay for at least half. It seems you live in the same building and know each other; best to settle this before it escalates.

    I see at least two unsupported assumptions here:

    • "It sounds like your towbar was under the bumper..." - Or could it be that one or both drivers backed in and then left their wheels turned other than straight ahead?
    • "... they ... not stopping backing up the second they heard the first crunch." - It only takes one "crunch" to do damage.


    The main rule is that the person moving a vehicle is obligated to exercise care so as to not move at all unless it can be moved without contacting the other vehicle. The other person violated that rule and is at fault. Or, in the words of the OP, yes, it "is ... their duty to ensure the car is safe to pull away".
  • Nov 18, 2010, 05:33 PM
    twinkiedooter

    Joy:comp and collision have nothing to do with the other party, and my yes vote was a mistake

    I was commenting on just HOW you end up paying LESS than $300 a year for car insurance. You obviously don't carry a very high liabiity limit hence the state minimums. I work at an insurance agency for a huge insurance company part time so I'm hip to the fact that for someone to pay around $25 a month insurance you would definitely be at the state minimums with no collission or maybe comprehensive coverage with a high deductible.

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