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Accident on my driveway - whose liability? - Carlislemac

Disclaimer: I know that this site doesn't provide proper legal advice. I just wanted to get an answer relating to something that has just happened, I'm not planning on pocketing the advice and taking it to court it's more a case of how worried I should be.

Returning from work this afternoon I turn around onto my driveway and crunch... there is a car parked in it and I've driven into the back of the car.

  1. The driveway is my private property and I did not give permission for the owner of the car to park there
  2. I do not know who the owner of the car is.
  3. The driveway is accessed via an alleyway and the entrance is partially obscured by a wall immediately next the driveway. I was approaching from the side where the wall obscures the view of the driveway entrance.
  4. If this was a turning on a public highway I would hold my hands up and say that I wasn't driving with enough care as I came around the corner, I wasn't speeding, I was maybe doing 5mph but I did just swing my car around the wall onto the drive, not expecting there to be a car in my path.
  5. This happened in broad daylight.
  6. I am aware that a car being parked on your driveway doesn't automatcally absolve you of any damage you do to it but the only references I could find online were to: cars parked blocking, rather than actually on, your driveway (i.e still on the public highway) and people doing deliberate damage to cars parked on their property.
  7. While a lack of visibility came up as a possible mitigating circumstance in cases of accidents this was still referring to cars blocking your driveway and used darkness as an example of lack of visibility which may result in the driver having reduced liability.

The damage to my car appears to be a small leak to the screenwash tank, but come to think of it I was feeling before this that I never seemed to have as much screenwash as I thought, so perhaps the leak was always there and I'm only just noticing it. Other than that the only visible sign of an impact is the amount of paint from their car that is now on my bumper.

Somehow their car came off a fair bit worse, I guess because it was the corner of my bumper versus the centre of theirs, but they now have quite a lot of cracks across the entire length of their bumper (assuming this is new damage that I caused).

I have moved my car, not purposefully to flee the scene of the accident, but because I had to park it somewhere, I couldn't just leave it in the alley and so have parked it on the street round the corner from the alleyway. Nevertheless it does have the effect that when they do return from wherever they went (I leave near the city centre so I'm guessing they went shopping but it's possible they were visiting a neighbour) there will be no sign of how the damage was done. However they know whose parking space they parked in as my flat number is painted on the driveway in big letters so there's a chance they'll come knocking on my door claiming I am liable for the damage.

I guess I just want to know how worried I should be that I'm going to end up with a hefty bill, points on my licence and a hike to my insurance premiums.

Accident on my driveway - whose liability? - bathtub tom

I'd be tempted to deny all knowledge. Without proof of an independent witness or something like CCTV camera how can they prove it was you?

Serves them right for parking selfishly.

Accident on my driveway - whose liability? - Carlislemac

Thanks, yeah I wanted to add this but wasn't sure if this would get the thread deleted if it was considered to be an admission of intent to break the law. Nevertheless, there's not enough (or indeed any) damage to my car for me to want to involve anyone so if they don't know who did it and drive away frustrated but clueless than that suits me, maybe they won't park there in future.

Edited by Carlislemac on 01/09/2021 at 16:09

Accident on my driveway - whose liability? - daveyjp

Its your fault as you hit a stationary object.

However 'nowt to do with me' approach may teach them a lesson. It is down to them to prove who did it.

Take a drive, go for a meal out, come back when its dark!

Accident on my driveway - whose liability? - Brit_in_Germany

You might want to consider reporting the accident to the police within 24 hours, highway code rule 286.

Accident on my driveway - whose liability? - bathtub tom

Do you have its registration number, if so I'd check to see its tax, insurance and MOT status. If anything's remiss, then the owner probably doesn't want to get involved.

Accident on my driveway - whose liability? - Palcouk

Your are liable for any damage, as you hit a stationary object, as you explain it, it could just have easily been a person exiting your house/drive

Accident on my driveway - whose liability? - Gerry Sanderson

Private drive then nothing ubder Road Traffic Acts apply.

Seems a 60/40 blame. 40 for parking on ypur drive 60 for you for not seeing it.

To close your eyes and say nothing the actions of a coward.

Reverse roles how would you feel?

dvd

Accident on my driveway - whose liability? - Brit_in_Germany

Private drive then nothing under Road Traffic Acts apply.

That would depend on the precise circumstances. It appears to be a parking space for a number of flats and the access road (and the parking places) may be considered a public place but there is case law which decided that access roads are not public places. Realistically, only a court could come to a firm conclusion.

Accident on my driveway - whose liability? - Carlislemac

Just to clarify, the space occupied by the car was 100% private property, it wasn't part of an access road or any other similar fuzzy public/private mix. Despite it being attached to a block of flats rather than a detached house it is a a driveway which has been created where once there would have been a garden and visually not distinguishable from any of the other driveways on that street which belong to a single house.

Accident on my driveway - whose liability? - galileo

Private drive then nothing ubder Road Traffic Acts apply.

Seems a 60/40 blame. 40 for parking on ypur drive 60 for you for not seeing it.

To close your eyes and say nothing the actions of a coward.

Reverse roles how would you feel?

dvd

Personally, I would not have parked in someone's drive, I have in the past had selfish i****s park in my drive blocking me in and only with great effort refrained from punitive actions.

Accident on my driveway - whose liability? - bathtub tom

Daughter had someone parked on her drive, preventing her from getting her car out. She asked me what to do. I gave her the websites for tax, insurance and MOT. It wasn't taxed or MOT'd. She reported it and the next time she saw it parked nearby, it had a clamp on it!

Accident on my driveway - whose liability? - Carlislemac

I'd like to think that if I was the other car in this situation then I would probably be more concerned that I was the one who had liability, I don't think I would immediately decide that the resident whose drive I parked on had wronged me at least.

I mean there's a fairly deep question, say you have an incident involving someone else, and you yourself feel that you were in the wrong, but you find out that legally they are actually the one in the wrong, what do you do? Take action against them even though your own conscience is telling you that the law is grossly unfair on this point, or not?

Just like I created this thread because I was concerned about the legal consequences of being the one who had the accident, I would probably have the same concerns were it the other way around; and have gone online to ask people 'am I liable'... probably would have gotten a fair bit of flak for doing that based on most of the answers here.

Accident on my driveway - whose liability? - focussed

But is it a private driveway? The UK law on this is far from clear.

What is a public place?

A parking bay off a public highway. Capell v DPP (1991) 155 JP 361

A car park attached to a pub when the pub is open (but not when it is closed).

Sandy v Martin [1974] Crim LR 258

Accident on my driveway - whose liability? - Carlislemac

I did think of that at the time, it would be a pretty unusual place for a person to be (it's just a driveway, access to the house is elsewhere) but also I considered that I was only travelling at 5mph which I think is generally considered to be a safe speed around pedestrians and a person can probably move out of the way if a car travelling at such a speed were to bear round the corner... unless they were laying down, injured perhaps but then the scenario seems a bit specific to draw real parallels. What if someone happened to be laying down unconscious on your driveway as you pulled in and you didn't see them and ran them over? Maybe if you fancy a legal debate but I'm not sure it's all that relevant a consideration here.

Accident on my driveway - whose liability? - RT

I did think of that at the time, it would be a pretty unusual place for a person to be (it's just a driveway, access to the house is elsewhere) but also I considered that I was only travelling at 5mph which I think is generally considered to be a safe speed around pedestrians and a person can probably move out of the way if a car travelling at such a speed were to bear round the corner... unless they were laying down, injured perhaps but then the scenario seems a bit specific to draw real parallels. What if someone happened to be laying down unconscious on your driveway as you pulled in and you didn't see them and ran them over? Maybe if you fancy a legal debate but I'm not sure it's all that relevant a consideration here.

You have to be observant when driving - not seeing someone/something is no excuse whether on the public road or your own private property.

Accident on my driveway - whose liability? - Carlislemac

That's a fair point and I did hold my hand up and say that while it was a tight, blind corner you might encounter such a corner driving around narrow streets and it definitely is possible to navigate them carefully so that you don't risk hitting another vehicle or pedestrian.

But I don't want people thinking that I swung my car carelessly across a footway where pedestrians might be or that I make a habit of not looking where I'm going. I was actually paying more attention to the part of my car still in the alleyway where there was a reasonably chance of a pedestrian or another car appearing.