Brother ran over my hood

[nrobi]

What is the name of your state? Massachusetts

I'm not exactly sure if this nicely fits in any category but to be honest I'm really just looking for an outside opinion regarding what I'm about to describe because within my family no one is ever at fault and my brother and I are both pretty stubborn.

A quick synopsis is that I was motivated to fix my emissions problem by swapping engines in my car. Through some events and my schedule it took me about three weeks to finish it. But about two weeks into it, my brother having problems with his cars borrowed a friend's mini-van and pulling in the yard parallel to the driveway drove over the hood of my car. We have a family dinner every week at our parent's house and this is where it happened.

I was thinking he was 100% at fault and after some discussions I'll take some responsibility but to him he has and will always be completely free of any blame in this situation because he didn't see it. He tends not to see a lot of things though. Borrowed clothes come back ruined, CDs and DVDs come back scratched and unreadable yet he is never at fault (He just takes them cause if he asks he knows I'll say no.). I'm willing to take ownership for my part but it would be nice for him to own up to his. Does he have any fault in the situation even though he "couldn't see" it? (I honestly think that means he wasn't paying attention and assumed everything was peachy.)

The link below is to a quick drawing I did. The driveway is on the left with a walkway/stairway attached. House it at the bottom. Dark green areas are gardens. Dark brown is a tree trunk that has low overhanging branches. Light brown is railroad tie retaining walls about 1.5 feet high near driveway and about 3ft high near the yard. White areas are where my hood was and the area where I was working on my car.

Quick drawing of yard

Thanks a bunch,
Nolan

(Updated the link to new drawing..... same as the one below. I didn't realize the post could be editted)

 

[JETX]

Nice drawing... but you are missing an ESSENTIAL element. Where is the 'driveway'?? And was your property IN the driveway?? If so, then YOU are at fault (negligence) for not placing your property in a safe place.

 

[teflon_jones]

I don't often disagree with JETX, but if your brother ran into your parked, non-working car, he's liable for damages no matter where it was parked. It's his responsibility to make sure his path of travel is free from obstructions.

 

[IAAL-Atty-Calif]

Nice drawing... /QUOTE]

My response:

Yeah, I agree. Anyway, is that the driveway on the left side of your drawing, with the hood (in white) partially on what I think is the driveway?

IAAL

 

[lordrich]

he should pay half if not full

 

[seniorjudge]

What is the name of your state? Massachusetts

I'm not exactly sure if this nicely fits in any category but to be honest I'm really just looking for an outside opinion regarding what I'm about to describe because within my family no one is ever at fault and my brother and I are both pretty stubborn.

A quick synopsis is that I was motivated to fix my emissions problem by swapping engines in my car. Through some events and my schedule it took me about three weeks to finish it. But about two weeks into it, my brother having problems with his cars borrowed a friend's mini-van and pulling in the yard parallel to the driveway drove over the hood of my car. We have a family dinner every week at our parent's house and this is where it happened.

I was thinking he was 100% at fault and after some discussions I'll take some responsibility but to him he has and will always be completely free of any blame in this situation because he didn't see it. He tends not to see a lot of things though. Borrowed clothes come back ruined, CDs and DVDs come back scratched and unreadable yet he is never at fault (He just takes them cause if he asks he knows I'll say no.). I'm willing to take ownership for my part but it would be nice for him to own up to his. Does he have any fault in the situation even though he "couldn't see" it? (I honestly think that means he wasn't paying attention and assumed everything was peachy.)

The link below is to a quick drawing I did. The driveway is on the left with a walkway/stairway attached. House it at the bottom. Dark green areas are gardens. Dark brown is a tree trunk that has low overhanging branches. Light brown is railroad tie retaining walls about 1.5 feet high near driveway and about 3ft high near the yard. White areas are where my hood was and the area where I was working on my car.

Quick drawing of yard

Thanks a bunch,
NolanWhat is the name of your state?

http://www.art.com/asp/sp-asp/_/Aff--CONF/CTID--203879750/RFID--978325/TKID--15033700/pd--10112130/posters.htm

Nolan, is that one of Piet Mondrian's paintings?

 

[nrobi]

Thanks for the replies. I'll have to repost the drawing because my bro is always moving stuff around in his acct. I'll clarify all questions with the new and improved one... and I never heard of Piet before..... but we do seem to have similar tastes .

 

[thepizzaguy]

Thanks for the replies. I'll have to repost the drawing because my bro is always moving stuff around in his acct. I'll clarify all questions with the new and improved one... and I never heard of Piet before..... but we do seem to have similar tastes .

Shoot!!! I didn't get to see the pictures.

 

[thepizzaguy]

he should pay half if not full

How did you come to that conclusion?

 

[nrobi]

Ok the new and updated drawing.

 

[thepizzaguy]

Ok the new and updated drawing.

His minivan was parked in the middle of the yard?

 

[ecmst12]

That's what he said in the original post.

I also think that he was 100% at fault. Your hood was partially in the driveway, but his van was 100% on the lawn, and should not have been in the way for him to back out of the yard onto the street. As mentioned, it is his responsibility to make sure that his path is clear before moving, especially since he was not on a designated driving area (if your hood had been in the street, it would have been at least partially your fault).

 

[thepizzaguy]

That's what he said in the original post.

I also think that he was 100% at fault. Your hood was partially in the driveway, but his van was 100% on the lawn, and should not have been in the way for him to back out of the yard onto the street. As mentioned, it is his responsibility to make sure that his path is clear before moving, especially since he was not on a designated driving area (if your hood had been in the street, it would have been at least partially your fault).

Tell him he is a bum if he doesn't replace the hood. Obviously you are not going to drag him into court and disgrace the family. This is one of those "in house" settlements.

You could always find something of his and "accidently" run it over with your car.

I love the picture thing that is absolutely priceless.