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    chrisE004's Avatar
    chrisE004 Posts: 1, Reputation: 1
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    #1

    Mar 13, 2007, 07:59 PM
    Accident on Private Property
    I was involved in a car accident when I was visiting another persons house. Someone backed out of the garage and hit my car that was parked in the drive. I was on there property so they are telllin me its my fault. We didn't contact the police because I thought we were all friends and we could settle it ourselves. I was wrong? Because I was on the person's property who hit my car does that make it my fault?:mad:
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 13, 2007, 08:21 PM
    You car was parked and someone else drove their car and hit your parked car.

    It is their fault of course, if you were just parked. There is no excuse for hitting a parked car.
    grammadidi's Avatar
    grammadidi Posts: 1,182, Reputation: 468
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    #3

    Mar 13, 2007, 09:35 PM
    It is definitely their fault. The police probably didn't need to be called because I imagine there wasn't much damage, (and I don't know the rules where you live) but if you have to make an insurance claim then you should do so immediately. The insurance companies will work out who's fault it is... and I am sure it is theirs. (My dad was an insurance investigator, so trust me on this.)

    Didi
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Mar 14, 2007, 05:18 AM
    Hello chris:

    Did you know that it's perfectly legal to drive on private property WITHOUT a drivers license? It is. Traffic laws are only enforced on PUBLIC property.

    Therefore, it doesn't matter that you didn't call the cops because they couldn't have done anything anyway. And, as long as you had permission to park your car on private property, they had a duty to look out for it. They didn't. They're at fault. Report it to your insurance and let them take care of it.

    excon
    kdudul's Avatar
    kdudul Posts: 1, Reputation: 1
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    #5

    Jul 20, 2011, 10:17 AM
    I was just looking into this same accident details if youa re in Ontario becareful. On privat property your insure considers it 50/50 which menas you both will be put at a partial fault I was looking at a link about someone who fought this due major increase of their insurance do not contact a lawyer contact an Ombudsman they will help you with the rules . There are rules to this 50/50 and most adjuster don't know them all.
    Check this out http://www.insurancehotline.com/newsletter/archive/romanov36
    Good Luck
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jul 20, 2011, 11:39 AM
    Quote Originally Posted by chrisE004 View Post
    I was involved in a car accident when i was visiting another persons house. ...
    You had that person's permission to be there, right?

    Quote Originally Posted by chrisE004 View Post
    ... Someone backed out of the garage and hit my car that was parked in the drive. I was on there property so they are telllin me its my fault. ...
    "Someone" would be a person who resides in that place? Who are "they"?

    Quote Originally Posted by chrisE004 View Post
    ... We didnt contact the police because I thought we were all friends and we could settle it our selves. I was wrong? ...
    The law often requires that police be called if there is an automobile accident on public property. This is not only to give them an opportunity to ticket somebody, but
    • to make sure that there is a disinterested report done by someone who knows how to gather the necessary information, and
    • to make sure that information is exchanged.
    Since it was on private property, that probably wouldn't apply, but it's still a good idea to call the police when there is an accident.

    Quote Originally Posted by chrisE004 View Post
    ... Because i was on the person's property who hit my car does that make it my fault? ...
    As others have said, no.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jul 20, 2011, 01:29 PM
    Quote Originally Posted by kdudul View Post
    I was just looking into this same accident details if youa re in Ontario becareful. On privat property your insure considers it 50/50 which menas you both will be put at a partial fault I was looking at a link about someone who fought this due major increase of thier insurance do not contact a lawyer contact an Ombudsman they will help you with the rules . There are rules to this 50/50 and most adjuster dont know them all.
    check this out Romanov Report 36 - Apr 4, 2006
    Good Luck

    What? You are NOT correct. I actually work in Ontario on occasion and there is no "rule" about partial fault.

    You're partially right - you are apparently the only person who knows this.

    That "blurb" is from 2006 and that is NOT an independent site.

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