Is the neighbor able to sue us if her vehicle is hit while backing out of her driveway?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is the neighbor able to sue us if her vehicle is hit while backing out of her driveway?
Our neighbor just threaten to sue us if she is ever hit while backing her car out of her driveway. Her reason she states is because when we park in our driveway our vehicles block her view. We have a truck and a van she wants us to park our vehicles on the street.
Asked on November 12, 2016 under Accident Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
She can unfortuantely file a lawsuit if she wants; the law doesn't "prescreen" lawsuits to make sure they are valid before people file them. But based on what you write, she would not have a good case: you are legally allowed to park your vehicles in your own driveway, and the law doesn't make people liable for what they are allowed to do. And if she knows that there are vehicles possibly blocking her sight line, it then becomes incumbent on her to take appropriate care or measures--e.g. back out real slow and pause to look around; blow her horn to warn people; possible mount a wide-angle mirrow on her own property to increase visibility; etc. She needs to exercise appropriate care under the circumstances. So it does not appear she could successfully sue (i.e. win), though she could file a case and force you to respond.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.