A car backed into me. I was parked in the street of my subdivision. She says I was parked "illegally"

Okay. Thanksgiving day, I had all my relatives over my house. There was no place to park in my driveway, so I park in the street, just in front of my driveway. Later that night I go out to see a movie (me and my brother went in his car), come home and see my car smashed up a little bit (now it is backed into my driveway).

Turns out the neighbor backed into my car while I was gone. At first she’s telling me that if I need any of her insurance info, its no problem... then she follows up and says "even though your car WAS parked illegally.."

She’s also claiming that I was parked in front of her mailbox, which I know I was not, because I am always conscious about doing so. However- her son is a cop and I’m afraid he can make the story fit however he wants. (He was standing beside her, out of uniform pretty much to intimidate me)

So my question is- is she not fully responsible for this incident?

Roads were fine and everything. By the way I am in Michigan. Thanks in advance

Update:

I would also like to know if it really is illegal to park in the street? As I said there was no snow on the ground.

11 Answers

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  • 1 decade ago
    Best Answer

    Well remember too that Michigan is a "No-Fault" insurance nightmare. Regardless of that, she backed into your car, parked legally or illegally. In some way or another your insurance company would work it out with hers.

    File a claim, or let it go if your car is not that badly damaged and it would cost more for you to claim it (causing your rates to go up).

    You have witnesses to where your car was located and regardless of whether or not your neighbor is related to a police officer she did hit your car and you have witnesses to that effect.

    If it was that close to her driveway she could have asked someone to move it but chose to try and move her vehicle anyway so that was her choice.

    Just keep in mind, that if you do go forward with filing a claim and it does escalate to "he said/she said" then you could have a hard time of it since they are your neighbors.

    I know this probably doesn't help much, if you claim it you lose by increasing your insurance rates and causing even more friction with your neighbors, and if you don't claim it you're letting them intimidate you and they'll take advantage of that as well. Either way you really can't win in this situation, take the lesser of the two evils I guess.

    If there isn't any love lost between your two families then go for it. It's hard to choose whether or not you want something like this hanging over your head for a long time or to just let it go and be wondering if you should have let them get away with it.

    Speaking of which, what is the rest of your family saying about all this? As long as you have support then you should be ok, but if they're not supporting you it could be a long hard road ahead.

    I wish you the best in this. If you're on good terms with your insurance agent you might want to talk to them "off the record" about it and see what they have to say.

    Also, you might want to double check with local and state laws regarding reporting of ANY accidents involving damage on Michigan roadways. Just because her son is a police officer does not make her exempt from the law in that regards and some places require you to report any accident even if no injuries happen. Note: Some villages and towns in Michigan might have even stricter laws than what is at the state level.

    Finally, I know this is a lot of info below but it might help you in your decision. Good luck!

    This is taken from the Michigan Legislature website regarding Vehichle Traffice Laws: You can probably find out more regarding your situation if you poke around here or at the Secretary of State site: http://www.michigan.gov/sos/0,1607,7-127-1627---,0...

    http://www.legislature.mi.gov/(S(od13m455h3wi5n553...

    http://www.legislature.mi.gov/(S(od13m455h3wi5n553...

    MICHIGAN VEHICLE CODE (EXCERPT)

    Act 300 of 1949

    257.620 Accidents; attended or unattended vehicle; stopping; report.

    Sec. 620.

    The driver of any vehicle which collides upon either public or private property with any vehicle which is attended or unattended shall immediately stop and shall then and there either locate and notify the operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the vehicle or, if such owner cannot be located, shall forthwith report it to the nearest or most convenient police officer.

    http://www.legislature.mi.gov/(S(od13m455h3wi5n553...

    MICHIGAN VEHICLE CODE (EXCERPT)

    Act 300 of 1949

    257.622 Report of accidents resulting in death, personal injury, or property damage; forms; analysis; use; retention.

    Sec. 622.

    The driver of a motor vehicle involved in an accident that injures or kills any person, or that damages property to an apparent extent totaling $1,000.00 or more, shall immediately report that accident at the nearest or most convenient police station, or to the nearest or most convenient police officer. The officer receiving the report, or his or her commanding officer, shall immediately forward each report to the director of the department of state police on forms prescribed by the director of the department of state police. The forms shall be completed in full by the investigating officer. The director of the department of state police shall analyze each report relative to the cause of the reported accident and shall prepare information compiled from reports filed under this section for public use. A copy of the report under this section and copies of reports required under section 621 shall be retained for at least 3 years at the local police department, sheriff's department, or local state police post making the report.

    http://www.legislature.mi.gov/(S(od13m455h3wi5n553...

    MICHIGAN VEHICLE CODE (EXCERPT)

    Act 300 of 1949

    257.618 Accidents; damage to vehicles; stopping required; reporting to police agency or officer; penalty.

    Sec. 618.

    (1) The driver of a vehicle who knows or who has reason to believe that he has been involved in an accident upon public or private property that is open to travel by the public shall immediately stop his or her vehicle at the scene of the accident and shall remain there until the requirements of section 619 are fulfilled or immediately report the accident to the nearest or most convenient police agency or officer to fulfill the requirements of section 619(a) and (b) if there is a reasonable and honest belief that remaining at the scene will result in further harm. The stop shall be made without obstructing traffic more than is necessary.

    (2) If an individual violates the requirements of subsection (1) and the accident results in damage to a vehicle operated by or attended by any individual, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

    This I found at the Secretary of State website from the "What Every Driver Must Know" Handbook: (Note the mention of driveways and at the bottom about mailboxes) http://www.michigan.gov/documents/wedmk_16312_7.pd...

    Never Park:

    ■ Where “no stopping,” “no standing,” “no

    parking,” and “no parking at any time” signs

    are posted.

    ■ Within 500 feet of a fire or a crash.

    ■ In a space reserved for the disabled, unless

    you are properly using a disability license plate or

    placard.

    ■ Within 15 feet of a fire hydrant.

    ■ Within 20 feet of a fire station driveway on the same

    side of the street or, when marked, within 75 feet of the

    driveway on the other side of the street.

    ■ Within 50 feet of the nearest rail of a railroad crossing.

    ■ In front of any driveway, alley, theater, emergency exit,

    or fire escape.

    ■ Next to a road where you block the view of drivers

    turning at an intersection.

    ■ More than 12 inches from the curb.

    ■ Within 30 feet of a stop sign, traffic light, or flashing

    beacon, including a warning sign.

    ■ In a lane of a highway outside city or village limits if

    there is a highway shoulder.

    ■ On a bridge or overpass, under a bridge, or in a tunnel.

    ■ On a sidewalk or in front of a public or private driveway.

    ■ Within an intersection or crosswalk.

    ■ Within 20 feet of a marked crosswalk or 15 feet of an

    intersection if there is no crosswalk.

    ■ On the street-side of a legally parked vehicle (double

    parking).

    ■ In a manner that obstructs delivery of mail to a rural

    mailbox.

    When Involved in a Crash

    ■ Stop and remain at the scene.

    ■ Help secure medical aid for the injured.

    ■ If possible, get off the roadway and/or move vehicles out

    of the path of traffic.

    ■ Notify the police if there are injuries or property damage

    exceeding $1,000.00.

    ■ Exchange names, addresses, driver’s license numbers,

    and registration and insurance information with the other

    driver(s) involved.

    ■ Leaving the scene of an accident could result in fines

    and/or imprisonment.

  • 1 decade ago

    You were parked illegally if you were blocking the driveway (yes, even if it is YOUR driveway) or parking in a no-parking zone (red curb, no parking, fire hydrant, etc). In some areas it is also illegal to park directly across the street from a driveway, but that has always been common knowledge in the two areas I lived with that law.

    Parking in front of a mailbox may be illegal in some areas so you should check into that - but I know it is not illegal everywhere as where I live everywhere possible to park has a mailbox and parking on the street is perfectly legal.

    If you were simply parked in the street in an area with no parking restrictions labeled, then it wasn't illegal.

    Even if you WERE parked illegally, she is still be responsible for hitting your car!!

  • Linda
    Lv 4
    4 years ago

    She is responsible, not you. Where you parked is no matter. She is trying to intimidate you to not make a claim. My wife bumped my neighbor's car parked on the street. He got his buddies at a paint shop to give him a claim that the paint repair would cost $600 for a tiny smudge. I filed a claim, I had to pay $250, insurance paid the rest. He never got the car fixed, just wanted my money. Over the next three years, insurance raised my rates by over $2000. I should have just paid him. Anyway, get her information, file a claim. A police report is not necesary. Hopefully you have a witness on your side. You could also file a complaint with the city that the cop intimidated you. It would be something that you have on record if thing ever went to court by the insurance company, however, usually they just pay because it is much cheaper than investigating and having a hearing. I'd say get the info, & file the claim.

  • Fred C
    Lv 7
    1 decade ago

    Doesn't matter what state you are in, it is not open season on parked cars, even if parked illegally. You need to file your own police report, then let your insurance company go after hers. If you park illegally in a fire zone, and there is a fire, your car can be bulldozed out of the way, or just plain run over by a fire engine, but a mailbox is not a fire zone even if you were in front of it. She is at fault.

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  • 1 decade ago

    Sorry to say but both of you are at fault. You're neighbour is correct you were parked illegally. Take pictures of the mailbox just in case this does escalate. When a parking place was available you could have moved the car but okay things like this happen. Your neighbour, who knows your car, should have simply avoided the incident altogether. She should also pay at least half the expense of the repair. This is 50% your fault and 50% hers. Even the son in law will have to agree to this.

  • 1 decade ago

    It is technically illegal to park in the street directly across from a driveway. It is not illegal to park in front of someone's mailbox as far as I know. Just watch out for the fire hydrants.

  • 1 decade ago

    This sort of intimidation can not be tolerated. She will only continue to bring shame upon your family so long as her son is there to shield her. You know what you must do. You must challenge him to a duel to the death. His sword may be tempered by years in the force, but you can defeat if you strike quickly and for his neck. Bring the woman her son's head. Killing woman isn't my thing, so I'd tell her that she is lucky to be spared and that she should pray never to be seen by me again. If killing woman is fine to you however, you should probably kill the ***** and be done with it. You never know what neighboring feudal lord she might convince to bring vengeance upon you.

  • 1 decade ago

    It's not illegal to park in the street unless there are "No Parking" signs posted.

    if you felt intimidated by her son, you should report him to Internal Affairs.

    Source(s): work
  • 1 decade ago

    Yes she is at fault. She hit you and you were not even in your car. If she doesn't want to give you her insurance info then file a civil complaint at your local magistrates office.

  • 1 decade ago

    she hit your car! and she is at fault all the way!

    Sounds like to me that you have a case to fight so in the morning call a lawyer and if she denies that she didn't hit your car then tough case but if she admit that she hit your car and it WAS parked, then she and her insurance will have a lot of coughing up to do.

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