Who is atfault if a car strikes a hidden barrier at a business causing damage to the vehicle?

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Who is atfault if a car strikes a hidden barrier at a business causing damage to the vehicle?

I was backing out of a parking space and hit a concrete barrier that was not visible nor detected by my object sensors in the bumper. The damage cost is over $500. Am I liable?

Asked on November 21, 2011 under Accident Law, Indiana

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good question. Since you were driving the vehicle that struck a hidden barrier at a business location causing damage presumably to your car and the concrete barrier, you are liable for what happened and the costs of repairing the concrete barrier.

The rational for this opinion is that although you may not have seen what your car struck before the accident happened, you caused he accident due to the simple fact that you were operating the machine that caused the problem. Had you been more careful or if the sensors were working better on the car, the accident would not have happened.


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