What is my recourse if my car was totaled when I hit a structural stone mailbox that was too close to the road?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is my recourse if my car was totaled when I hit a structural stone mailbox that was too close to the road?
Normally if you goof and hit a mailbox, your car is scratched up and you buy the homeowner a new one. I went off the road by a bit and a mailbox that was a stone structure. Such a mailbox, is non-breakaway and is a code violation according to my county’s code. My air bags deployed and the passenger front suspension was damaged, in addition to body damage. My car is a total loss according to my insurance company. Does the homeowner have any liability in this case?
Asked on September 15, 2016 under Accident Law, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, they do not have any liability in this case, even if the mailbox was a code violation, since you were unequivocally at fault--it is by definition negligent, or unreasonably careless, to strike a visible stationary object, since a reasonably careful driver will not. You cannot recover compensation when you were at fault for the damage.
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.