Backing out of the Drive-way [Auto-Accident]

[moburkes]

Just to clarify. Carl is talking about DMV points. I am talking about insurance points or surcharges.

 

[CdwJava]

Ah! I made the assumption he referred to DMV points ... I wasn't aware (but am not surprised) that the same thing existed with insurance companies ... though I think you and others have mentioned that before.

My brain glazes over at the thought of insurance matters ...

- Carl

 

[goshtic]

This thread should've been dead, but reviving it for an update.

Originally the final judgement was 50/50, both parties were at fault and the insurance company was willing to pay for half the amount for the damage. However, the other party didn't agree to it, so this case was taken to a small claim court.

To keep things short, the result was Car #1 was not at fault.

California Vehicle Code section 22500(e), which prohibits persons from stopping or parking a vehicle, attended or not, "in front of a public or private driveway" entrance.

Also, in accordance to Vehicle Code section 22106, no person shall move from a stopped or parked position until it is safe to do so.

Good luck to those that might have a similar accident to this.

 

[CdwJava]

Thanks for the follow-up.

[Edit]

Oops ... I forgot this was a case of where the second vehicle was also in motion at the time. Had vehicle #2 been parked, then #1 should have been at fault. As it is ... I'd have to see it, I think, to come to a definitive conclusion.

It should also be noted that CVC 22106 also adds language that says "on a highway" ... the backing vehicle began on his own private property. An argument can then be made that at the moment he entered the highway that 22106 applied, so that leaves #1 still open for liability.

Oh well.

- Carl

 

[goshtic]

Yes, Car #1 was the moving vehicle, but Car #2 was also the moving vehicle as well, until it came to a sudden stop in front of Car #1 driveway, that was attempting to back out.