My car was hit in a driveway on private property

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My car was hit in a driveway on private property

My car was hit while parked in a family member’s driveway. It was dark and my car is black and I was parked close but there was plenty of room to back up, he admitted shortly after that he was not paying attention. Now, many days later I am trying to get a hold of him to get it taken care of and he is attempting to fight me on this saying that it was dark and I was not parked appropriately. What grounds does he have? I thought it was pretty cut and dry. I am in Ohio, if that makes any difference.

Asked on February 24, 2017 under Accident Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can, if you have the appropriate insurance, file a claim as has been indicated to you. Or you could sue the other driver. It is very likely he was at fault, since generally, a person who hits a stationary object is held to have been careless or negligent in doing so. The fact that you had a black car at night and were parked close means that the other driver *could* potentially show that you were at least partially at fault in where and how you parked it--and your fault would reduce (or, if you were sufficiently at fault, potentially eliminate entirely) the compensation you could get, but it is most likely that, since he hit you, that you could recover most or all of your repair costs, if you were to sue him.


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