Insurance Liability Question

[renee]

What a month.

Question:

My neighbor parked her Honda Civic an easy three feet into a/my handicapped space.
She is not disabled.

I came home, started backing into the space marked by the handicapped only sign and
a STOP sign in front. (I cannot see the top of her car-irrelevant)
I have a forgive space of 1 foot.

Wham.
NY state/national insurance company.

Who is responsible? Is it shared or solo responsibility?

[Lazarus]

I can't help but wanted to share your ouch!

Is this a friendly neighbor? Did you take pictures of her parked over the line?
This is interesting...let us know what happens.

[Frog42]

I think if you back into someone and damage their car then you are the one at fault even if they were in your space. I don't know NY law but I think in MA you would call the police and have her towed. In the meantime you'd be S.O.L as far as parking, but that's often the case.

People get mad when hc spaces need to be left free and there's no one using them at the moment they need a space. That would involve them being inconvenienced!

[Cat Dancer]

You saw that she had invaded your parking space, yet you still tried to park there? You (or perhaps tour insurance company) are responsible. I would first have called her, or the building manager(if there is one), and if that didn't work, then the police-- before I tried to park there! Was there no other parking space you could have used, regardless of how inconvenient that would have been? Did one of you call the police after you damaged her (and presumably) your car? If not, you should have. She might have gotten a ticket for parking in a handicap space, and your insurance company would have appreciated a police report that documented the damage to both cars.

[Virginia]

Renee, I am not sure, but I get the impression that you did not see her car. Knowing it was your space you just started parking and could not see her car out of your van. I just wish you had gotten pictures. While your insurance company will PROBABLY have to pay - given that it was a handicapped space and therefore the car was actually illegally parked it might have helped you with your company and if the police were called if you had some documentation of how the other car was parked.

I am so very sorry. You have really had a very bad month or so. Let us know what happens with this.

P.S. If you have not already done so, do not take responsibility until you are told to by the police.

[SalpalSally]

If you were both pulling in at the same time, it would be shared,
but it looks like it's gonna be all on you babe...@#$%#@

She should get a ticket, though!!!

[renee]

Thanks for the friendly, supportive and real world responses.
Here's the deal.

Neighbor in question is currently raising three kids alone.
Low-income style and dignified
A very good neighbor (this incident the exception) and excellent
mom. The youngest child/stepchild is very young had addict bio mom
who produced the worst case of fetal drug and alcohol abuse I have ever seen.
Child is medicated, in special school, therapy, prone to rages and outbursts
hospitalized for psychotic episodes and has manifested tendency to harm self or others.
I was definitely NOT going to have mom towed and ticketed.

On street parking is rude and crowded.
Our non-stop babymaker neighbor shoved her massive SUV into 1 and1/2 spaces.
Good neighbor knowingly did a violation
and I took my spot without registering the extra two foot loss of space.
Landlords are buttwipers and do not care about what they call a city parking problem.

I bumped her car, strained to see damage but she is very honest and it's not my car.

After cruising into a guys lawn late july to avoid hitting humans with consequent spite plumped claim including
the papal birdbath- followed by logistical shell shock of my muffler falling off out of state…I said 'No insurance,
I pay for the damage.
Progressive insurance was my company for 14 years, 8 1/2 years accident free then Progressive
raised my rates to 1100/year.
Travelers is a big unknown.

An uninvolved Travelers agent said yeah, it's my fault but I could have pulled the ticket and tow routine.
I just couldn't share my pain with this truly apologetic woman.

New policy.
When I drive home and see a h-cap space violator, I drive off, call the cops and gift someone
with a ticket. This neighborhood is known for retribution so i'll have to lie low.
Parking far from my apartment is very creepy so my parking options are very slim.

So are my rental options but that will change in about two years.
Praise the big Kahuna.

[SalpalSally]

Well, you didn't tell me she was a nice person and a victim
of inconciderate parkers, just like you. Of course you couldn't
have her towed and ticketed.

[Virginia]

Nice Renee, did the right thing as always.

Sounds like her situation is pretty dire and does not need to be added to either.

[Cherie]

Isn't NY a no fault state? If that is the case, both vehicle policies might share cost of repair. But...she was parked and you were moving... I am sorry you've had such a difficult month. Given any thought to taking a break from driving for a bit? BTW: Where "way way Upstate where it is coooold" ? You can PM if you wish cause I originally was from way way Upstate where it is cold and family is still there so I am back and forth regularly.

[renee]

Cherie, I have upped my vigilance and my sleep factor.
My nice neighbor's neighbors have made it impossible for her
to park in front of her apt without being very deep into
the handicapped space. It is a shame.

There are sooo many ignorant knuckle draggers around here.
Well perhaps the landlords will bust bad neighbors for having a
serious over occupancy scene in their apartment.

In two years, one day I can apply for infinitely better digs assuming
I still live around here.

Yes NY is no-fault but insurance companies keep long tabs…
unless one involved driver has a really bad attitude and an agent
is going for justice.
That is FUN!