Car parked over my drive, clipped it, who is liable?

TheJP

As i was reversing out of my drive i clipped my neighbours visitor car, they park off the drive but on the road. For context its a cul de sac and we are the end point (horseshoe). We have a bush at the end of our drive which meant visibility was poor but the car was directly blocking 50% of my drive when i hit it.

Who is at fault/do i have any rights in terms of how they parked? FYI its dropped kerbs all round.

Marvel1

TheJP said:

As i was reversing out of my drive i clipped my neighbours visitor car, they park off the drive but on the road. For context its a cul de sac and we are the end point (horseshoe). We have a bush at the end of our drive which meant visibility was poor but the car was directly blocking 50% of my drive when i hit it.

Who is at fault/do i have any rights in terms of how they parked? FYI its dropped kerbs all round.

You hit a stationary vehicle, you failed to check it was clear, even so when you say visabilty was poor.

TheJP

Marvel1 said:

TheJP said:

As i was reversing out of my drive i clipped my neighbours visitor car, they park off the drive but on the road. For context its a cul de sac and we are the end point (horseshoe). We have a bush at the end of our drive which meant visibility was poor but the car was directly blocking 50% of my drive when i hit it.

Who is at fault/do i have any rights in terms of how they parked? FYI its dropped kerbs all round.

You hit a stationary vehicle, you failed to check it was clear, even so when you say visabilty was poor.

Thanks, as i thought. However my question is more around his liability by blocking a drive with dropped curb, FYI the damage to both cars is very minimal i was going at 2mph.

ontheroad1970

TheJP said:

Marvel1 said:

TheJP said:

As i was reversing out of my drive i clipped my neighbours visitor car, they park off the drive but on the road. For context its a cul de sac and we are the end point (horseshoe). We have a bush at the end of our drive which meant visibility was poor but the car was directly blocking 50% of my drive when i hit it.

Who is at fault/do i have any rights in terms of how they parked? FYI its dropped kerbs all round.

You hit a stationary vehicle, you failed to check it was clear, even so when you say visabilty was poor.

Thanks, as i thought. However my question is more around his liability by blocking a drive with dropped curb, FYI the damage to both cars is very minimal i was going at 2mph.

You're still liable.  

user1977

Stationary objects aren't "liable" for anything. You're meant to manoeuvre around them, no matter how stupid a location they're in.

MalMonroe

user1977 said:

Stationary objects aren't "liable" for anything. You're meant to manoeuvre around them, no matter how stupid a location they're in.

Or ask the driver to move them.

diystarter7

What did the victim of the damaged car say?

iwb100

A car parked illegally is one offence. Crashing into it is another. The fact is that if you hit a stationary object regardless of the rights and wrongs of where that vehicle is placed you are in the wrong. 

born_again

TheJP said:

As i was reversing out of my drive i clipped my neighbours visitor car, they park off the drive but on the road. For context its a cul de sac and we are the end point (horseshoe). We have a bush at the end of our drive which meant visibility was poor but the car was directly blocking 50% of my drive when i hit it.

Who is at fault/do i have any rights in terms of how they parked? FYI its dropped kerbs all round.

1st thought cut the bush, so it not a problem
2nd thought. If car was 50% over the dropped curb, just how big is this bush/

sheramber

If you did not see the car parked there would you have seen a pedestrian there>

Surely, you need to ensure you have an unobstructed view.

Ebe_Scrooge

sheramber said:

If you did not see the car parked there would you have seen a pedestrian there>

Or a nun carrying a basket of kittens!

(Sorry, just seems a long time since we've had that one !)  Sorry, not meaning to detract from the eminently sensible comments already given - with which I wholeheartedly agree.