At Fault OR Non Fault --The Runaway Car

[insurance1822]

An insured is driving up a driverway w/ a slight incline. It hasn't snowed that day, but just from the wind blowing some free-standing snow there is a slight dusting. The insured notices some slipping of the car and makes the decision to put the car in park and walk the rest of the driveway..

Upon the last passenger exiting the vehicle...the closing of their door actually gives enough "jolt" to cause the car to start sliding backwards like a hockey puck!!!!

The car is off, in park & now sliding down a long driveway (with houses way below) Fortunetly the driveway was surrounded by trees & not entirely straight. The car continues on like a ping pong ball - thank god nobody was hurt.

At fault or non fault?

 

[STIBROKER]

 

[chase85]

Per the policy in my state, you would be liable for failure to secure the vehicle. The thought is that you could find a flat surface to park or chalk block the vehicle

 

[djs]

Obviously, the driveway is much steeper than you implied. Also, obviously, there is more than a 'dusting' from some other time. If not for both of these, the car would not slide very far.

Actually, when did this happen? I just checked outside, a bit warm for snow!

Given the driver had reasonable knowledge of the risk of where he parked (i.e., slippage, decided to walk), it would probably be rated as a driver accident. But then, since where I live hasn't had any snow accumulation in about 60 years, I don't have a lot of experience with this.

Dan

 

[gino77]

Unfortunately, I think it would be fault. It would be up to the driver to find a safer place to park that is flat and wont cause the car to slide.

 

[Josh]

Considering how long it's been since winter I sure hope this claim has been figured out. Things like this make me wonder how interesting it must be to be an adjuster. I think problem would be convincing the adjuster that the trees attacked the car when no one was driving, maybe it'd be an easier sell to claim the last passenger rudely vandalized the vehicle by pushing it down the hill and then not pressing charges, but then the insurance company would probably want to subrogate to the vandal... interesting situation, do we get to find out what happened?

 

[avaloninsurance]

Interesting, if this claim is at fault and no one is technically driving how do they assign the accident to a driver? If there is no damage to anyone elses property (Trees) and we are just talking about damage to the car rolling down the driveway then I would say it would be a collision loss that is not at fault. However if we are looking at damage to other people's property than we are possibly looking at an at fault situation. However, keep in mind I am not a claims adjuster. Let us all know how this one turns out!!

 

[mitena.hayes]

Its a fault according to me.

 

[xrac]

Interesting, if this claim is at fault and no one is technically driving how do they assign the accident to a driver? If there is no damage to anyone elses property (Trees) and we are just talking about damage to the car rolling down the driveway then I would say it would be a collision loss that is not at fault. However if we are looking at damage to other people's property than we are possibly looking at an at fault situation. However, keep in mind I am not a claims adjuster. Let us all know how this one turns out!!

This sounds correct to me but then what do I know?
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Let me present this in a slightly different way. If my car is sitting in the drive way and my neighbor's roof is blown off and demolishes my car my understanding is that it is a comprehensive claim through an act of God. However, if the strong wind blew my car into my neighbor's house and damaged it then it is an act of God and I am not liable for any damage to my neighbors house.

I suppose in the situation described it could be argued that the car was parked and that the wind and ice caused the accident. If the owner has comprehensive coverage it should be covered and there would be no fault. If there was damage to other property this was an act of God. I think this could be argued or litigated either way.

 

[avaloninsurance]

Agreed. This is one of those grey areas that it is hard to know which way it will go. I think it would come down to negligence and determining if you used reasonable and prudent caution.