Need Advice Quick! I Will Have To Act On This Today

[crazydaycarelady]

This is a new one for me!

We are in Montana, it snowed about an inch last night. My 100 foot driveway slopes down and ends with our garage. I cleared off the sidewalk and where people get out of their cars but not the driveway.

First dcm comes, no problems. She doesn't mention anything about my driveway being slick, probably because EVERYTHING is slick. Second dcm comes, skids into my garden, knocks over the birdbath and slams into my sons truck. Her car is totally messed up and my sons bumper and fender are dented. Now this dcm knows my driveway can get slick because last week she told me it was slick and I went out and salted it.

Dcm seemed like she underwstood this was her fault and she'll get her insurance info so my son can get his truck fixed.

What do you all think? How should I proceed?

[Meyou]

Get the insurance info and get the truck fixed. Then start salting when it's slick from now on.

[Blackcat31]

I don't see this as complex at all....DCM is at fault. She was driving.

I understand that your driveway may have been slick, but our traffic laws always say "under the conditions" or "considering the conditions" meaning that driver's should drive the way conditions allow them to.

If it is slippery and icy out, I surely wouldn't be driving the same way I would be if it were sunny and dry....kwim?

[Abigail]

I agree. She already offered the insurance information so just make sure you get it from her and don't make it a bigger deal. She probably isn't having a good day either with that starting and I'm sure you're not because of what happened either. Did anyone else witness it?

I put out a newsletter a month ago when I thought we were going to start getting winter weather and mentioned if on part of the driveway is shoveled only pull up on that not on anything that is not shoveled. (They can't expect me to be able to shovel the entire driveway at 6 am and work 10+ hours. They can expect if my husband is home that it might all be done. OR if the snow happens on a weekend, which I prefer!!! Then it's done by Monday morning.)

[itlw8]

she was going to fast and slid her fault. with an inch she thought it was not slick and she was wrong. case closed. AND she should have had her ins info with her in the car.

[crazydaycarelady]

Okay, that is what I was thinking too. The people pleasing part of me just started to sneak in and make me think maybe I had some liability here.

One other dcm was in the driveway when it happened. None of the other dcps said a word about the driveway. Also hubby is a PO and he took pictures. He said the tire tracks coming down do not show skidding (because during sliding the individual tire treads do not show up.) Both coming in and going out show treads so her wheels in spinning forward when she "slid."

Either way I'm just gonna let her proceed with her insurance. Of course in the melee of the situation sher forgot to bring in the kids backpack which has my check in it.

* She did have her insurance info and my dh gave her my sons insurance info.

[Blackcat31]

Okay, that is what I was thinking too. The people pleasing part of me just started to sneak in and make me think maybe I had some liability here.

One other dcm was in the driveway when it happened. None of the other dcps said a word about the driveway. Also hubby is a PO and he took pictures. He said the tire tracks coming down do not show skidding (because during sliding the individual tire treads do not show up.) Both coming in and going out show treads so her wheels in spinning forward when she "slid."

Either way I'm just gonna let her proceed with her insurance. Of course in the melee of the situation sher forgot to bring in the kids backpack which has my check in it.

* She did have her insurance info and my dh gave her my sons insurance info.

How come you had to provide your DS's insurance info? He wasn't at fault at all.

[crazydaycarelady]

My dh gave it to her - He said her insurance company would want it. He DEFINATELY was not at fault though since he was not even here!! He is going to be so mad too - he just bought this truck and it WAS in pristine condition.

[laundrymom]

So she slid in an icy drive and hit a parked car? Yeah, her fault.

[Play Care]

Not your fault!

I live on a hill and also have a long driveway. I have parents sign a waiver each winter saying use of the driveway and walkways during winter weather is at their own risk and they can not hold the provider liable for any damage or injury resulting in its use. I suppose a good lawyer could probably break it, but I think it helps for the most part.
I actually have to have our driveway plowed by a commercial plowing company (not a guy who does it on the side...) because of the size and hill and the fact I am a business that needs to have a clear driveway. BUT if it is snowing heavily during the day and they don't get here to plow by pick up time my clients know that they are not getting up the driveway unless they have 4-wheel drive or AWD. I also can't be out shoveling while I'm supposed to be supervising kids. So if a parent came in and told me the driveway was slick I would probably say "Hope you have your good winter boots then!" or "Good thing you got your snow tires!"

[lovemykidstoo]

A good way to think about it is if she were on the regular road and slid on an icy road and hit someone it would be her fault. Same exact thing only in your driveway.