Am I Liable?

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  • SilverSabre25
    Senior Member
    • Aug 2010
    • 7585

    Am I Liable?

    if someone backs out of my driveway and hits a car parked across the street directly across from my driveway, am i liable?

    i am really mad, on my phone, more later
    Hee hee! Look, I have a signature!
  • butterfly
    Daycare.com Member
    • Nov 2012
    • 1627

    #2
    You didn't hit it, I can't see you being liable.

    Comment

    • MissAnn
      Preschool Teacher
      • Jan 2011
      • 2213

      #3
      I wouldn't think so! They should have insurance.

      Comment

      • Willow
        Advanced Daycare.com Member
        • May 2012
        • 2683

        #4
        Public street, two drivers unrelated to you, why the heck would you be liable??!

        Comment

        • MarinaVanessa
          Family Childcare Home
          • Jan 2010
          • 7211

          #5
          The driver is always at fault. I'm assuming that it happened on a public street. That makes it even more sure that it is not your fault. The driver must always make sure that the area is safe and must be aware of their surroundings. If a client hit your car or another clients car in your driveway it would still be the offending clients fault, regardless of whether it is on your property or not. If a child gets hit by a car on your driveway/property then I would be worried because you take care of that child ... you do not however take care of the parent.

          Comment

          • Play Care
            Daycare.com Member
            • Dec 2012
            • 6642

            #6
            I wouldn't think so.

            Comment

            • mema
              Daycare.com Member
              • Jul 2011
              • 1979

              #7
              I wouldn't think so.
              :hug:

              Comment

              • KDC
                Daycare.com Member
                • Aug 2011
                • 562

                #8
                Were you driving? I think the one that drives into the parked car is the one responsible - unless the driver was a minor, then the parent or guardian would be responsible. Just because it happened in your driveway, does NOT mean you are in any way responsible.

                This reminds me of Mcd's making people fat. People going through the drive- thru and eating the food blaming the restaurant

                Comment

                • LaLa1923
                  mommyof5-and going crazy
                  • Oct 2012
                  • 1103

                  #9
                  no way!

                  Comment

                  • Luna
                    Daycare.com Member
                    • Oct 2010
                    • 790

                    #10
                    I can't imagine how you could be :confused:

                    FTR, I hate it when people park over there. It does make it awkward to back out of the driveway, especially if there's snow.

                    Comment

                    • SilverSabre25
                      Senior Member
                      • Aug 2010
                      • 7585

                      #11
                      Thank you.

                      About a month ago, one dcm backed into this car that belongs to the family across the street. There was a dent, dcm left her name/insurance/etc. DCM even told me about it. That was that.

                      Now today, when I was getting the kids back into the house after our daily walk to the bus stop, the lady from across the street came and confronted me. Apparently this morning someone else allegedly backed out of my driveway and hit the (same) car in a different place. I assured her that it wouldn't have been me or my husband, as I don't leave during the week and he parks on the street. Beyond that, all I could tell her was that only one other family would have been leaving my driveway this morning, and it was before the window of time she gave me.

                      There was nothing else I could tell her. I apologized for her car getting hit...but what else could I have said? I stressed that it could NOT have been me or my husband and beyond that I know nothing.

                      But now I'm upset and worried. I don't want problems with the neighbors. I don't like feeling like I'm not allowed to use my driveway for my own car. I am wondering if I should forbid daycare parents from using the driveway? But that's going to be a bit inconvenient...
                      Hee hee! Look, I have a signature!

                      Comment

                      • countrymom
                        Daycare.com Member
                        • Aug 2010
                        • 4874

                        #12
                        because she doesn't have proof then there is nothing she can do. As a matter of fact, could they be parking to far into the road that people can't come out of your driveway. And its weird that its in the same spot. I would go and take a pic of it and maybe make a police report (just let them know what is going on) just incase.

                        Comment

                        • SilverSabre25
                          Senior Member
                          • Aug 2010
                          • 7585

                          #13
                          Originally posted by countrymom
                          because she doesn't have proof then there is nothing she can do. As a matter of fact, could they be parking to far into the road that people can't come out of your driveway. And its weird that its in the same spot. I would go and take a pic of it and maybe make a police report (just let them know what is going on) just incase.
                          before the car was hit in the rear door; this time it was the front door. But the car is ALWAYS across the street from my driveway. That family has four cars; our neighborhood has no attached garages. I can see the new dent...but there's no clear sign that it had to have been from our driveway.

                          I'm glad, very glad, that I'm not liable.

                          Though I'm afraid of vindictive CPS reports.
                          Hee hee! Look, I have a signature!

                          Comment

                          • youretooloud
                            Advanced Daycare.com Member
                            • Mar 2011
                            • 1955

                            #14
                            I can't imagine you are liable.

                            Number one, it's not smart to park on the street right across from someone's driveway, for that reason. Usually the person parked on the street is in the way, and can assume at some point, they'll get hit. Even if it isn't their fault, if they don't want the hassle of repainting their car every year or so, park with the idea that they are going to get backed into.

                            Number two... that's one of the reasons I don't let parents park in the drive way. The driveway is only for our family. However, our driveway is barely long enough to park a car without it hanging over the sidewalk anyway..and parents don't seem to mind leaving oil stains all over the driveway. The front walk is maybe 15 feet long, they can walk up the steps.

                            Comment

                            • EntropyControlSpecialist
                              Embracing the chaos.
                              • Mar 2012
                              • 7466

                              #15
                              Originally posted by SilverSabre25
                              Thank you.

                              About a month ago, one dcm backed into this car that belongs to the family across the street. There was a dent, dcm left her name/insurance/etc. DCM even told me about it. That was that.

                              Now today, when I was getting the kids back into the house after our daily walk to the bus stop, the lady from across the street came and confronted me. Apparently this morning someone else allegedly backed out of my driveway and hit the (same) car in a different place. I assured her that it wouldn't have been me or my husband, as I don't leave during the week and he parks on the street. Beyond that, all I could tell her was that only one other family would have been leaving my driveway this morning, and it was before the window of time she gave me.

                              There was nothing else I could tell her. I apologized for her car getting hit...but what else could I have said? I stressed that it could NOT have been me or my husband and beyond that I know nothing.

                              But now I'm upset and worried. I don't want problems with the neighbors. I don't like feeling like I'm not allowed to use my driveway for my own car. I am wondering if I should forbid daycare parents from using the driveway? But that's going to be a bit inconvenient...
                              I wouldn't let the daycare parents use the driveway. I'd ask that they park on the street.

                              But, no! You are not liable!

                              Comment

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