QUESTION
I bumped a car that was hindering my driveway exit and parked illegally. Insurance says I'm liable with $500 deductible to fix mine. Do I have case?
Asked on May 18th, 2017 on Automobile Accidents - Wisconsin
More details to this question:
I want to avoid all or some liability, recoup out-of-pocket repair costs, avoid insurance rate increase, and recoup legal costs. I have photos showing the position of cars, scene, time, street signs showing parking restriction. State Farm is the insurance for the other party and for me. Other party had other options for parking elsewhere and was surely aware of parking restriction because family member of long-time residents at the address.
1 ANSWER
4 Awards
Generrally, when you are backing out of a driveway, you owe the duty of care and do not have the right of way, if an accident occcurs. In this case, you were involved in an accident with a non-moving vehicle. They were parked, but it sounds from your description, either parked illegally or parked in such a way that they obstructed your driveway. There is fault on both your parts. Objectively, maybe it is 50/50. Since you have insurance, I am not sure why you wouldn't just pay your deductible and have your vehicle fixed. That is what insurance is for. The other positive thing about this, even though being in an accident is certainly a hassle and upsetting, is that no one was hurt.
Answered on May 19th, 2017 at 6:14 AM
David B. Karp Karp & Iancu, S.C. 933 North Mayfair Road #300 Milwaukee, WI 53226 414 453 0800 dbk@karplawfirm.com www.karplawfirm.com