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  1. #1
    Join Date
    Feb 2016

    Default Are You Liable for Hitting a Vehicle That Obstructs Your Driveway

    My question involves a motor vehicle accident that occurred in the state of: Victoria
    Our house is located in the "bowl" of a L shaped street. Our neighbour consistently parks in a position that results in a partial obstruction of our driveway that causes difficult ingress/egress given the shape and angle of our drive. This is against local bylaws. My husband connected with the corner of the vehicle when reversing in the dark with poor visibility. We have been found to be liable by our insurance company. We feel that we should not be fully liable as the car is parked in a dangerous position (forces us onto the wrong side of the road in a blind spot when entering) and due to the bylaws. Do we have any recourse.

  2. #2
    Join Date
    Mar 2013

    Default Re: Hitting Vehicle Obstructing Driveway

    Well, for one thing, of the 50 states in the US, Victoria is not the name of one of those states nor is it the name of any US territories or protectorates so I deduce that you are in some other country and this site is devoted to US law.

    However, as within the US, hitting a stationary vehicle likely puts you at fault.

    Especially since you knew that the situation continuously existed. There were things you could have done to avoid hitting the vehicle. Installed better lighting in your driveway, called the police since it's likely that obstructing a driveway was a traffic violation, backed out more carefully.

    In the US you would be able to file suit against the car owner and ask the court to rule on fault based on the position of the other vehicle. In your country you may be able to do the same. However, backing into a stationary vehicle is still likely to be negligence no matter where you are.

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