Hitting a parked car advice
24-May-2008, 05:14 PM
#1
Member
Thread Starter
Join Date: Oct 2007
Posts: 35
Hitting a parked car advice
Hey guys,
I've gone through many different lawyers and most of them wont offer advice because it would deal with small claims court - and they have no real interest in it. So i'm appealing to the possible history/knowledge of my TCC peers.
My car was unplated and unlicensed. We were cleaning out the garage and landscaping the driveway. I called Markham District Police and the attendant said it should be fine if I just place it on our curb when I asked (unknown to me later she isn't even a PC and has no real authority). Anyways, I parked it on a legal spot at my curb while we did work for 1 hour. The neighbour reversed full speed into it, and smashed into our door, about $800 worth of damage. She also left the scene - but my mother witnessed the crashed and the neighbour later confessed after we inquired. They did the same thing about 2 years ago to my old car but I let it go cus damage was small.
I cannot be covered under her insurance due to Ontario's new insurance methods where your own insurance will pay for you despite who caused the fault - so her insurance is staying hands off. Because of this, the neighbour thinks she's scot free and claiming no responsibility for the accident. From my understanding I am also running the risk of even moving my car an inch onto our street despite my prior inquiry to the station.
My only option now is taking her to small claims - anyone have any insight into the outcome/risks/chances? Thanks!
I've gone through many different lawyers and most of them wont offer advice because it would deal with small claims court - and they have no real interest in it. So i'm appealing to the possible history/knowledge of my TCC peers.
My car was unplated and unlicensed. We were cleaning out the garage and landscaping the driveway. I called Markham District Police and the attendant said it should be fine if I just place it on our curb when I asked (unknown to me later she isn't even a PC and has no real authority). Anyways, I parked it on a legal spot at my curb while we did work for 1 hour. The neighbour reversed full speed into it, and smashed into our door, about $800 worth of damage. She also left the scene - but my mother witnessed the crashed and the neighbour later confessed after we inquired. They did the same thing about 2 years ago to my old car but I let it go cus damage was small.
I cannot be covered under her insurance due to Ontario's new insurance methods where your own insurance will pay for you despite who caused the fault - so her insurance is staying hands off. Because of this, the neighbour thinks she's scot free and claiming no responsibility for the accident. From my understanding I am also running the risk of even moving my car an inch onto our street despite my prior inquiry to the station.
My only option now is taking her to small claims - anyone have any insight into the outcome/risks/chances? Thanks!
24-May-2008, 06:18 PM
#3
Guest
Join Date: Apr 2008
Posts: 458
Good Luck
I just wanted to vent, if you think thats bad, our neighbor who are very good friends of ours, let their son mow the lawn today, and he smashed into my best mates brand spanking new white evo, talk about being stuck between a rock and a hard place.
I Had to let the neighbors off the hook, and pay to fix my best friends new car, because his warranty would be gone without a claim, which we didn't want, cost are you ready?
$7000, just for oem paint and a new door and cracked passenger window.
I just wanted to vent, if you think thats bad, our neighbor who are very good friends of ours, let their son mow the lawn today, and he smashed into my best mates brand spanking new white evo, talk about being stuck between a rock and a hard place.
I Had to let the neighbors off the hook, and pay to fix my best friends new car, because his warranty would be gone without a claim, which we didn't want, cost are you ready?
$7000, just for oem paint and a new door and cracked passenger window.
24-May-2008, 07:44 PM
#6
Senior Member
Join Date: Feb 2008
Posts: 494
Your car not being plated or insured has no bearing on whether or not she is liable for damaging it. She damaged it, she is liable for making good on any damage that she caused whether it was your car or your tricycle she damaged, on or off the street.
Have you tried approaching her insurance company? Have you approached the police with respect to the hit-and-run? Whether your vehicle is plated or not, insured or not, if she hits it on the street, she is obligated to remain at the scene.
You have obligations too. If your vehicle is not plated, many towns and cities have bylaws making it illegal for you to park on the street, opening you up for a city parking ticket. If you are not insured, even driving it the 20 feet from your driveway to an on-street parking spot could result in you getting drive-with-no-insurance and drive-with-no-plates charges under the HTA and Compulsory Auto Insurance Act.
None of that will make any difference as far as going to the police now is concerned. I assume your car is no longer on the street so that rules out getting a parking ticket now. Also, the police have not seen you actually driving it onto the road to that parking spot. For all they know you could have pushed it to the parking spot so that rules out them laying insurance or plate-related charges.
So call the police and have them complete a collision report. If they balk, insist on it given the hit-and-run nature of the incident and the fact that she has done so before in past. That should result in you getting her insurance information. Then go to her insurance company and make a fuss, or threaten your neighbour that you will go to her insurance company to make a fuss. Then see if that jogs her purse open to fix the damage to your car.
Ands if all else fails, take her to small claims court.
Last edited by FiveO; 24-May-2008 at 08:19 PM.
24-May-2008, 07:56 PM
#7
Senior Member
Join Date: Jan 2008
Posts: 119
id get ang if i was you and brick their windshield lol.
25-May-2008, 04:39 AM
#11
Guest
Join Date: Apr 2008
Posts: 458
Tell me about it, my cousin she got her somewhat new lancer gs rear bumper owned by a plow truck, and the guy was her neighbor, she didn't have any proof, though, just knew it was them the way her car was parked and such, and since he was plowing the neighborhood.
to the OP, i say confront them if you don't know them too well. If not just let them feel you know and that you have a freebie.
Last edited by usdm; 25-May-2008 at 04:42 AM.
25-May-2008, 10:55 AM
#12
Member
Thread Starter
Join Date: Oct 2007
Posts: 35
File suit. It costs little to do so.
Your car not being plated or insured has no bearing on whether or not she is liable for damaging it. She damaged it, she is liable for making good on any damage that she caused whether it was your car or your tricycle she damaged, on or off the street.
Have you tried approaching her insurance company? Have you approached the police with respect to the hit-and-run? Whether your vehicle is plated or not, insured or not, if she hits it on the street, she is obligated to remain at the scene.
You have obligations too. If your vehicle is not plated, many towns and cities have bylaws making it illegal for you to park on the street, opening you up for a city parking ticket. If you are not insured, even driving it the 20 feet from your driveway to an on-street parking spot could result in you getting drive-with-no-insurance and drive-with-no-plates charges under the HTA and Compulsory Auto Insurance Act.
None of that will make any difference as far as going to the police now is concerned. I assume your car is no longer on the street so that rules out getting a parking ticket now. Also, the police have not seen you actually driving it onto the road to that parking spot. For all they know you could have pushed it to the parking spot so that rules out them laying insurance or plate-related charges.
So call the police and have them complete a collision report. If they balk, insist on it given the hit-and-run nature of the incident and the fact that she has done so before in past. That should result in you getting her insurance information. Then go to her insurance company and make a fuss, or threaten your neighbour that you will go to her insurance company to make a fuss. Then see if that jogs her purse open to fix the damage to your car.
Ands if all else fails, take her to small claims court.
Your car not being plated or insured has no bearing on whether or not she is liable for damaging it. She damaged it, she is liable for making good on any damage that she caused whether it was your car or your tricycle she damaged, on or off the street.
Have you tried approaching her insurance company? Have you approached the police with respect to the hit-and-run? Whether your vehicle is plated or not, insured or not, if she hits it on the street, she is obligated to remain at the scene.
You have obligations too. If your vehicle is not plated, many towns and cities have bylaws making it illegal for you to park on the street, opening you up for a city parking ticket. If you are not insured, even driving it the 20 feet from your driveway to an on-street parking spot could result in you getting drive-with-no-insurance and drive-with-no-plates charges under the HTA and Compulsory Auto Insurance Act.
None of that will make any difference as far as going to the police now is concerned. I assume your car is no longer on the street so that rules out getting a parking ticket now. Also, the police have not seen you actually driving it onto the road to that parking spot. For all they know you could have pushed it to the parking spot so that rules out them laying insurance or plate-related charges.
So call the police and have them complete a collision report. If they balk, insist on it given the hit-and-run nature of the incident and the fact that she has done so before in past. That should result in you getting her insurance information. Then go to her insurance company and make a fuss, or threaten your neighbour that you will go to her insurance company to make a fuss. Then see if that jogs her purse open to fix the damage to your car.
Ands if all else fails, take her to small claims court.
FiveO, thanks for yours. I already called the police and she didn't even give them a failure to remain ticket. Infact, she put no one is at fault because she said she wasn't there so she can't say who is and isn't at fault. Which is semi true cus cops don't really do that. I called her insurance company and I made a fuss but they said they have no obligation to pay me, and they won't. The only avenue is small claims - I'd hate to be in small claims and get levied a ticket after the fact.
Last edited by shezan; 26-May-2008 at 07:00 PM.
25-May-2008, 01:22 PM
#14
Senior Member
Join Date: Feb 2008
Posts: 494
Thanks all for your post.
FiveO, thanks for yours. I already called the police and she didn't even give them a failure to remain ticket. Infact, she put no one is at fault because she said she wasn't there so she can't say who is and isn't at fault. Which is semi true cus cops don't really do that. I called her insurance company and I made a fuss but they said they have no obligation to pay me, and they won't. The only avenue is small claims - I guess I could just say we pushed the car on the road - I'd hate to be in small claims and get levied a ticket after the fact.
FiveO, thanks for yours. I already called the police and she didn't even give them a failure to remain ticket. Infact, she put no one is at fault because she said she wasn't there so she can't say who is and isn't at fault. Which is semi true cus cops don't really do that. I called her insurance company and I made a fuss but they said they have no obligation to pay me, and they won't. The only avenue is small claims - I guess I could just say we pushed the car on the road - I'd hate to be in small claims and get levied a ticket after the fact.
If a car is parked, and even if illegally parked when in an urban area, then the parked car can never be deemed even partially at fault in a collision involving another moving vehicle. Your neighbour struck a vehicle parked on the street and left, and that is failure to remain no ifs ands or buts about it. The only problem now is the passage of time, but if you have a witness I'd still be pressing hard on the cops. Try a supervisor next.
Also, if you do plan to go small claims, make her insurance company a co-respondant to the small claims suit. After all, they are the insurer for her vehicle. See if that gets their attention. It's not a huge amount you have in damages, and they may decide that it is cheaper to settle with you on her behalf than to tie up resources defending a civil action.
Last edited by FiveO; 25-May-2008 at 01:25 PM.
25-May-2008, 02:01 PM
#15
Senior Member
Join Date: Sep 2007
Location: Mosport
Posts: 207
You can't get levied a parking ticket or any other ticket at this point no matter how you proceed.
If a car is parked, and even if illegally parked when in an urban area, then the parked car can never be deemed even partially at fault in a collision involving another moving vehicle. Your neighbour struck a vehicle parked on the street and left, and that is failure to remain no ifs ands or buts about it. The only problem now is the passage of time, but if you have a witness I'd still be pressing hard on the cops. Try a supervisor next.
Also, if you do plan to go small claims, make her insurance company a co-respondant to the small claims suit. After all, they are the insurer for her vehicle. See if that gets their attention. It's not a huge amount you have in damages, and they may decide that it is cheaper to settle with you on her behalf than to tie up resources defending a civil action.
If a car is parked, and even if illegally parked when in an urban area, then the parked car can never be deemed even partially at fault in a collision involving another moving vehicle. Your neighbour struck a vehicle parked on the street and left, and that is failure to remain no ifs ands or buts about it. The only problem now is the passage of time, but if you have a witness I'd still be pressing hard on the cops. Try a supervisor next.
Also, if you do plan to go small claims, make her insurance company a co-respondant to the small claims suit. After all, they are the insurer for her vehicle. See if that gets their attention. It's not a huge amount you have in damages, and they may decide that it is cheaper to settle with you on her behalf than to tie up resources defending a civil action.
Whatever you do, DO NOT LET THE BITCH GET AWAY WITH IT. Last thing you need is the bitch to feel she can get away with it and do it to someone else.
26-May-2008, 01:54 PM
#18
Member
Join Date: Sep 2007
Posts: 96
i agree..your neighbours should offer to pay regardless!..samething happend to my brothers car last year...prelude..parked on the street..and i guess the guy from across the street reversed into our car...and took off...we didn't realized this til the next morning, by then, it was too late, but the the only way to his our car in that spot is from the dude across revesring out of his driveway...but we were **** outta luck...
if i were u, i'd do whatever it takes to get it paid by the neighbours
i know a law clerk who can probaby give you advice..pm if u want their contact
i try not to park on the street anymore...now..i'm blocking sidewalks just so my car is not on the street...
if i were u, i'd do whatever it takes to get it paid by the neighbours
i know a law clerk who can probaby give you advice..pm if u want their contact
i try not to park on the street anymore...now..i'm blocking sidewalks just so my car is not on the street...
