Style2k6

But what about the fact that she was parked in his driveway?

Style2k6

What makes the situation worse is two years ago she parked in the same location to visit my neighbor and I also then backed into her car with my previous car. I told her to never get on my property again.

Not to mention she is driving around with no insurance, She was told not to park there. If you are told not to treaspass and you do who's at fault? This world is so backwards

kensteele

Who's telling this story, is there supposed to be some sort of quote above?

it's not clear if he told her the first time never to come back or only after this last incident.

anyway, if you told her the first time a few years back not to come back on your property, then it is very possible that the next time she parked on your property without your permission, that would be trespassing yes. unless you have done something that would permit her to re-park in your driveway or hinder her from parking correctly on the public right-of-way, you have a good case for trespassing and she would be liable for the damages.

this country is not screwed up. as long as you are not negligent, you'll be fine. the people who get in trouble with the law are the ones that don't pay attention or could care less about anyone but themselves or who are not familiar with the law and don't care to be. of course, there are a few exceptions.

mike841

As she seems like a frequent visitor you'd think she would have known that he had a brand new luxury, i.e. expensive, car in his garage and should've parked somewhere else or at the very least asked him if she could park there.

Ramon

Well obviously neither party learned their lesson the first time. She still parked on your property, and you still weren't carefull enough to look behind you. I dont know about you guys, but I take it upon myself to make sure my vehilce is taken care of in the best possible way I know how. Never would I count on other people to think "hey, that looks like an expensive car, i'd better be carefull around it."

ff_

Not sure why that would matter. If you run into a car that's parked in a mall parking lot, is that the other owner's fault too? The fact that it's in your driveway doesn't make it someone else's problem.

mike841

Its not the same. Your driveway is your private property.

ff_

If, just for fun, I murder someone standing in my driveway, am I not guilty of a crime because they were on my property? (that may hold up in Texas, but any other state...nah...)

Style2k6

Not the same thing, I think it would depend on why you murdered the person but that's not what we are talking about here. She was told not to venture on to his property after the first incident. Let's say I were to come over to your house park my car in your driveway you really don't know me you've seen me before but really don't know me what would your reaction be?

Style2k6

But would'nt you consider not having car insurance negligent and not caring about anyone else but yourself? And the part in that quote that says "Never get on to my property again" is pretty clear tome that cmusic told her to stay out of his driveway. All I'm saying is she parked in his driveway reguardless of wether he looked first or not if she was not parked there is would have not happened She could have found a plublic parking place and this would not be an issue.
I will email my local police dept. and see what they have to say about it.

kensteele

LOL don't do that, please don't email your local PD.

Ramon

Well you say regardless of weather or not he looked, she was in his driveway... The other side of the argument is, regardless of weather or not she was in his driveway, he's the one that hit the car.

cmusic

Wow, I check back in this morning and alot of different responses! As I stated in the opening post, the other car owner and I have decided to take care of our individual repairs ourselves. I take responsibilty for hitting her car, but she should have notified me where she was parking first. I really did not care that she parked on my property. As I said she parked behind and to the side of my truck. If she had pulled 10' forward so her car would have been directly beside my truck I would have never hit her car. She knows where she parked her car is the area of my driveway where I turn as I am backing out of my garage. (She is a cleaning lady for my neighbor and is at my neighbor's house every Wednesday morning; she's seen me back out of my garage and turn there several times as I leave for work. This incident happened on a Thursday morning.)

As far as I should have been looking behind as I was backing up, that is true. I did look out my driveway as I raised my garage door and started backing out. It was when I starting my turn around the back of my truck that I took my eyes off the rear view mirror to hit the garage door button to close it. When I felt the hit I turned and looked out the rear window and saw nothing. With the angle that my car hit hers, her car was in my blind spot.

With my initial anger now subsided I'm just glad there was not any more damage to either vehicle.

ff_

If you were blocking my exit, I'd ask you to move your car. If not, and it didn't become a regular habit, I wouldn't care. I'd rather the car was in my driveway, than parked in the street.

Regardless, the fact that someone's car is on your private property doesn't release you from responsibility when you damage said car. I think we can all imagine how badly that would be abused if it were true. "Hey Frank, why don't you park your Hummer in my driveway for a few minutes. I just want to admire it." [10 seconds pass] **WHAM!!!!!!!!!!!!CRUNCH!!!*** "Sorry, that's you're problem."

RaZoRaMoN

But wouldn't inviting Frank over change the scenerio? I am interested on what the local PD has to say.