Is the damage to my car in his driveway 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: Dec 1, 2012

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Insurance Question from Holyoke, MA

Asked on 12/01/2012

Is the damage to my car in his driveway all my fault? I just slid down my friend's icy driveway and into a brick post. Is he at fault at all, or must I pay my deductible and have that against me on my insurance?

Answer given on December 03, 2012

If you had an accident due to slippery road or driveway the responsibility is yours. The property owner is not responsible for the fact that there was ice on the driveway. You were driving the car and lost control. This would be considered an at fault accident.You should get an estimate before you report the incident to your insurance company. If the damage is under your deductible, then there is no reason to report the claim. If it is over the deductible, make sure the amount you will receive is sufficient, as your rates could go up for the accident. The surcharge would be for three years, and could end up costing you more than the amount you will get from the insurance.If the damage is high enough go ahead and report the incident to your insurance company. If the storm was significant, it is possible the company will consider it a catastrophe and then would not surcharge you.

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