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05-13-2009, 08:08 PM
| | Junior Member | | Join Date: May 2009
Posts: 2
| | | who is liable?
What is the name of your state (only U.S. law)? New York
My mother was sitting in her car while it was parked in the driveway of a house. The resident at the house got into her car in the driveway, and without looking backward before backing into the street, she backed into and hit my mother's car. Even though my mother was the one who was illegally parked in the driveway, is the resident of the house the one who is liable for damages to my mother's car? |
05-13-2009, 08:33 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,739
| | | Driver of the moving car is 100% liable for damage to the parked, unmoving car. Should have been watching where she was going.
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Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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05-13-2009, 09:23 PM
| | Junior Member | | Join Date: May 2009
Posts: 2
| | | considering the situation:
the lady who hit my mother's car was driving a new mercedes, and she seems quite the pompous type who is very headstrong and seems to be very willing to sue. my family doesnt have much money, and would not be able to survive such an economic blow. would settling the matter outside of court be the best course of action in order to suffer the least economically? and how would this be resolved so that i wont have to pay any premiums on my insurance? |
05-13-2009, 09:42 PM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,739
| | | Did you not hear me say that your mother is 0% at fault? She should file a claim with the other person's insurance.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
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05-14-2009, 10:11 AM
| | Senior Member | | Join Date: Jul 2007
Posts: 1,270
| | | Your mother will win this case. Have her file a claim and collect for the damages to her car. The other woman has no chance, unless she lies!
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Al Gore may not have created the internet, but he did make up global warming! |
05-14-2009, 11:02 AM
| | Senior Member | | Join Date: Feb 2006 Location: Philadelphia, PA
Posts: 17,739
| | | I can't think of a lie that she could tell that would be credible enough to get her insurance company to deny. The back of her car hit the side of OP's mom, and the physical damage will clearly show whether mom was stopped or moving. And even if she was moving, the other lady is still at fault! There just isn't a way that the POI of rear and side can mean anything other then one vehicle reversing.
__________________
Lawsuits are not about justice. They are about MONEY. If you don't want money, then you shouldn't be thinking about suing. And people post here because they are thinking about suing. Because they want money, no matter how much they don't want to admit that to themselves.
-Auto insurance adjuster for 2 years - as of 6/15/09, I am FREE!
|
05-15-2009, 09:04 AM
| | Senior Member | | Join Date: Jul 2007
Posts: 1,270
| | Quote:
Originally Posted by ecmst12  I can't think of a lie that she could tell that would be credible enough to get her insurance company to deny. The back of her car hit the side of OP's mom, and the physical damage will clearly show whether mom was stopped or moving. And even if she was moving, the other lady is still at fault! There just isn't a way that the POI of rear and side can mean anything other then one vehicle reversing. | I don't see where he said the impact was on the side. If so then you are right. I thought his mom had pulled into the driveway and the woman backing out hit her in the front of her vehicle. If so then the woman would just have to say her car was parked and mom hit it. If no witnesses, then it's a she said she said, and damage is to the front of moms car!
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Al Gore may not have created the internet, but he did make up global warming! | |
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