Who is at fault?

[Maxine]

I recently rented and drove a moving van. As I was backing out of my driveway in the dark, I ran into and pretty much destroyed a portable basketball hoop. This was in the street, not on anyones property. It was dark and rainy and I am not used to driving such large vehicles. The owner of the hoop keeps insisting I must pay for the damages. My response is that it is not legal to leave these portable hoops in the street, and I think he should pay for the damages for the vehicle I was driving. Is either of us right?

[mischastar]

Neither of you are right in my opinion. Firstly he should not have a portable hoop in front of your drive and secondly you should have spotted him regardless of the conditions. You could try contacting your insurance company, or just pay for the damage yourself to the van - and he can pay to get a new hoop. There is no easy answer so i would highly recommend contacting a lawyer.

[Allen11]

I recently rented and drove a moving van. As I was backing out of my driveway in the dark, I ran into and pretty much destroyed a portable basketball hoop. This was in the street, not on anyones property. It was dark and rainy and I am not used to driving such large vehicles. The owner of the hoop keeps insisting I must pay for the damages. My response is that it is not legal to leave these portable hoops in the street, and I think he should pay for the damages for the vehicle I was driving. Is either of us right?


You are right as it is seen that the upcomming person is on fault. But what if they put you too to the sentence. You should get a legal person too to defend you.