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Hit somone while backing out of private driveway but in driveway

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  • Hit somone while backing out of private driveway but in driveway

    In New Jersey If someone is backing out of their private driveway and at the time they started no one was in the driveway. As they were backing out, somone pulled into the driveway to turn around and the person backing out hit them. The point of impact was in this person's private driveway.

    Who is at fault? Is the one backing out becuase they were backing out, or is the other person at fault either because it was a private driveway or becuase they pulled in when the other car was already backing out.

    Thank you

  • #2
    Private property. Civil matter. Call your insurance and they will probably figure out some ridiculous division of fault. That said, I would say the person backing would be at fault. Most statutes for improper backing state something to the effect of “the driver of a vehicle backing shall not do so unless such movement can be made safely.” Just because it may have been clear initially, the driver still has a duty to make sure it is safe to back during the duration. What if a kid suddenly rode their bike past on the sidewalk? In my state however, most agencies will not investigate private property crashes unless it’s a hit and run, DUI, or involves significant injury.
    Last edited by ThinBlue404; 10-21-2018, 03:49 PM.

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    • #3
      Unsafe backing. Civil matter as said. Your fault for not paying attention.
      Now go home and get your shine box!

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      • #4
        Civil issue, private property accident.

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        • #5
          Officially if it did happen on private property then it would be a civil issue and up to the insurance companies to decide who pays what. Personally I would blame the other driver who basically trespassed.



          If it was in the right of way or shoulder leading into the entrance of your driveway then you would be at fault and get a ticket.

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          • #6
            In my neck of the woods, thats an insurance swap, civil. No report.

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            • #7
              I'd say, civil matter and whoever actually struck whoever is actually at fault. In other words, whichever vehicle was the actual striking vehicle.

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