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Linda Roch
Linda Roch, Mensa Member
Category: General
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Experience:  I am a good researcher and I am a member of Mensa
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Recently, I was exiting my driveway and hit a car parked directly

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Recently, I was exiting my driveway and hit a car parked directly across the street. Upon impact, I heard someone yell "look out", but, it was to late. I pulled back into my driveway, and the person whose car I hit came up to me. He, is someone I know, but, just from town. He, didn't want to file a police report or go through insurance companies.(However, he did take my driver's license information.) Since, I wanted to be agreeable, I said that I think we have 48 hours to file a police report. Also, his brother is a cop here in town. The guy whose car I hit, said, he would check with his brother and would get back to me on this. He never has on this mater

Right after he took my driver's license information down, he told me he had friends in the car repair business and would get back to me on the expense of what the repair would cost. He then walked back across the street to his home, sat on the stoop, & left his car parked where it was. In the meantime, I tried getting out of my driveway again and realized there just isn't enough space to get out of my driveway with a car parked directly across the street. He got up and moved his car only when he saw I was having difficulty.

All along the street. on the side he was parked on, there are signs posted stating "No Parking". Now, I know the reason why you can't park on the street. There just isn't enough room to get out of the driveways.

About 2 weeks later he told me both repair shops said he needed a new door since the dent my car made in his door was extensive. When he told me the cost range my jaw dropped. The range was from $1,900.00 to $2300.00. to replace the door of his BMW. My car an Audi 6, just got some scratches on the back bumper.

I recognize & admit that I damaged his car. My question to you is ( I live in the state of NJ where this happened) how much am I responsible for? He was not supposed to be parked there. When, I was first getting out of the driveway, since he was sitting on the stoop and watching me, he too miscalculated how much space was needed for me to get out. He would of moved his car to clear the area for me. He misjudge the space again for a second time when I tried to get out of the driveway minutes later after we spoke. I can see paying for half, since I miscalculated as well & I did bump into his door. Do, I have to pay for all the damages? Isn't there some kind of percentage he should pay for being parking in a no parking zone and he too misjudging distance from my driveway to his illegally parked car?... Thanks
Submitted: 3 years ago.
Category: General
Expert:  Linda Roch replied 3 years ago.

Linda Roch :

Hello and welcome! If you have any other questions, please let me know or please click Accept.

Linda Roch :

The answer really depends on whether you are looking at this from an insurance point of you or a court point of you.

Linda Roch :

From a court point of view, you hit a stationary object so most likely you will be responsible, however, he was parked in a no parking zone. You will have to prove that the no parking zone is there due to the fact that there is no room for coming out of the driveway and not for other safety reasons (such as being able to drive through), and then you may be able to hold him contributorily liable.

Linda Roch :

So if he sues you for the damages, you may only be responsible for partial damages.

Linda Roch :

If you report this to insurance, they will probably hold you 100% at fault but they will pay out the claim, but your premium will probably go up.

Linda Roch :

But again, they will also do an investigation and if they can prove that the no parking zone is there for room purposes of being able to get out of the driveway, then they may get some money back but your premium will still probably go up.

Linda Roch :

My best advice is to negotiate with him.

Linda Roch :

Tell him the most you're able to pay him and tell him that the no parking zone is there for a reason so he's responsible for

Linda Roch :

He'll probably take it because it costs money and time to sue you and many people don't want to do that without knowing the outcome.

Linda Roch :

Please press Accept if this has helped.

Linda Roch, Mensa Member
Category: General
Satisfied Customers: 1311
Experience: I am a good researcher and I am a member of Mensa
Linda Roch and 68 other General Specialists are ready to help you
Expert:  Linda Roch replied 3 years ago.
Contributory negligence is what you want to focus on when you do your negotiation.
Linda Roch, Mensa Member
Category: General
Satisfied Customers: 1311
Experience: I am a good researcher and I am a member of Mensa
Linda Roch and 68 other General Specialists are ready to help you

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