My car was hit in a driveway on private property

UPDATED: Sep 30, 2022

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My car was hit in a driveway on private property

My car was hit while parked in a family member’s driveway. It was dark and my car is black and I was parked close but there was plenty of room to back up, he admitted shortly after that he was not paying attention. Now, many days later I am trying to get a hold of him to get it taken care of and he is attempting to fight me on this saying that it was dark and I was not parked appropriately. What grounds does he have? I thought it was pretty cut and dry. I am in Ohio, if that makes any difference.

Asked on February 24, 2017 under Accident Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can, if you have the appropriate insurance, file a claim as has been indicated to you. Or you could sue the other driver. It is very likely he was at fault, since generally, a person who hits a stationary object is held to have been careless or negligent in doing so. The fact that you had a black car at night and were parked close means that the other driver *could* potentially show that you were at least partially at fault in where and how you parked it--and your fault would reduce (or, if you were sufficiently at fault, potentially eliminate entirely) the compensation you could get, but it is most likely that, since he hit you, that you could recover most or all of your repair costs, if you were to sue him.

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 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.

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