Expert: Anne - 3/27/2009

Question
I was recently involved in an accident with a non-moving vehicle. Specifically, I was backing out of my driveway going at a rate of 3-5mph when my vehicle began to slide on ice and slowly head toward another vehicle that was parked along the side of the driveway (the driveway kind of slopes down on each side). At the time, the driveway had a coating of over an inch of ice, it had rained earlier and now frozen some more and the area is not lit. I had the owner of the other vehicle in the car with me along with another person who both recognize that I applied my brakes in an effort to stop, but due to the slope my vehicle kept going. I have pictures, a weather report and statements from both individuals to bring to my hearing. The insurance company wants to surcharge me for the accident, they paid out a total of $1,800 (I thought this was considered a minor accident, but they may have termed it a major accident). I would like to know whether or not I am right in believing this was in fact weather related, I was not speeding down the driveway and attempted to adjust the direction of my vehicle with no avail. I rent at the property, and thus it is the responsibility of the land lord to have the driveway plowed, which he has done, but poorly (this has also been reported). Thanks!

Answer
Hello,

Sorry to hear about your situation.

Your argument will fail because if the weather conditions (and darkness, unplowed or poorly driveway with ice on it) were such that a driver could not possible back up safely, then that driver should never got in the vehicle and drive.

If you argue that it was the weather, then it goes back to your for driving on this type of weather. If the weather conditions chance while  you are driving, then the reasonable thing to do is to pull over.

You can talk to an attorney about trying to get the landlord involved for not plowing correctly.

Also $1800 worth of damage is a minor accident. Anything over $10,000 with injuries is major.

Good Luck
Anne