If a person was parked at the end of my driveway because she did not have reverse and I hit her is it all my fault?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Feb 20, 2012

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Insurance Question from Baumstown, PA

Asked on 02/20/2012

If a person was parked at the end of my driveway because she did not have reverse and I hit her is it all my fault? I was backing down the upper part of my driveway when I hit a friends car, because she parked at the end of the drive way, in the middle because her car did not have reverse so it would be easier for her to push it out since it had no reverse. is it my fault. Can she get in trouble for not having reverse in Pennslyvania?

Answer given on February 21, 2012

Even though the other person was parked behind you in the driveway, you are responsible to be aware of your surroundings while backing up. So, in this case, you will be held responsible for the accident and your insurance company will have to repair her car. Your insurance company will investigate the claim and could find her partially responsible, but it is unlikely, since you should have looked behind you while you were backing up. She was stopped, parked, and not moving so the responsibility falls on the moving vehicle.You should call your agent or insurance company and file a claim, unless you want to pay to repair her car out of pocket. However, you need to consider the costs to repair your car too, before deciding to try to settle the claim yourself. The fact that the other person’s car does not have a reverse is not really a good thing, since she could end up in a situation that she cannot get out of, I don’t think there is any law that has been broken.

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