any lawyers here?

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  • evilblackrifle

    Marksman
    Rating - 100%
    1   0   0
    Sep 13, 2010
    269
    16
    Portage, IN
    Hello,

    My neighbor is kinda ticking me off, and always has to park his car in front of, or directly adjacent to my driveway, making it hard to park or get out of my driveway. I've asked him very politely if he could move, and the best he's done is move his car back a few inches. Its really starting to tick me off.

    So, I'm wondering if I accidentally hit his car, am I still liable? He drives a late 80's dented Oldsmobile. With the snow pushed to the side of the road, its making an already narrow street even smaller, and it stops traffic northbound. Let me know, thanks.

    Erick
     

    Stschil

    Grandmaster
    Rating - 0%
    0   0   0
    Aug 24, 2010
    5,995
    63
    At the edge of sanit
    Hello,

    My neighbor is kinda ticking me off, and always has to park his car in front of, or directly adjacent to my driveway, making it hard to park or get out of my driveway. I've asked him very politely if he could move, and the best he's done is move his car back a few inches. Its really starting to tick me off.

    So, I'm wondering if I accidentally hit his car, am I still liable? He drives a late 80's dented Oldsmobile. With the snow pushed to the side of the road, its making an already narrow street even smaller, and it stops traffic northbound. Let me know, thanks.

    Erick

    Lots of questions....

    Do you belong to an HOA?
    If you do, What are the covenants about parking in your neighborhood?
    If not, what are the City/Town/County regs?

    If he isn't doing anything illegal, there really isn't anything you can do.

    If he is violating a local reg, then politely inform him and if he fails to comply, call the local Law enforcement and let them handle it. Of course this may start the perverbial Hatfields and McCoys between you and your neighbor so it's not an easy situation to deal with.

    I am not a lawyer, but for sure, 'accidentally' hitting his car would not be a very good idea.
     

    evilblackrifle

    Marksman
    Rating - 100%
    1   0   0
    Sep 13, 2010
    269
    16
    Portage, IN
    I don't belong to HOA. Kinda glad I don't, as I don't want people telling me what kind of tulips I can or can't have planted around my mailbox.

    I didn't mean "accidentally" hitting his car on purpose...I mean, as an accident, slipping on the ice hitting his car as I pull out of my driveway, nothing intentional.
     

    Denny347

    Grandmaster
    Rating - 100%
    21   0   0
    Mar 18, 2008
    13,456
    149
    Napganistan
    He might be violating some local parking regulation that an officer can write, you might try looking it up to know what you are dealing with. Short of that...not much you can do. BTW I thought there was hundreds of lawyers on this board. Guess not.
     

    evilblackrifle

    Marksman
    Rating - 100%
    1   0   0
    Sep 13, 2010
    269
    16
    Portage, IN
    Denny:

    Thanks for your suggestion. But, there are people that park all along the street, mostly respectful of others, they will actually park on their lawns because the street is so narrow, but not this guy. So I am almost certain there are no restrictions...but it was kinda funny how the snow plows buried snow around his car...

    The house is vacant next door, and I suggested that he park there, but no, he has to park on the street...

    Oh well.
     

    XtremeVel

    Master
    Rating - 100%
    21   0   0
    Feb 2, 2010
    2,380
    48
    Fort Wayne
    Here in Ft. Wayne there is some ordinance that requires the vehicle to moved every few days if parked along the street. I don't remember the details exactly. I do remember, it's not much of a enforcement. At best, the vehicle gets ticketed and told to be moved... Usually, they just move it a few feet and it satisifies the ordinance.

    I know how you feel, especially this time of year. We also have a similiar on going issue with the neighbors next door. They park along the street right in front of our house, leaving the area in front of theirs open. It can be a huge PITA when we get snow and the city plows work around this vehicle in the street leaving the area in front of us 1/2 plowed and it completely cleaned off in front of them.

    Be careful when pulling in / leaving your driveway. It would only add salt to the wound you if you did hit them because you would more than likely be found liability... Neighbors that show no more respect than this, can be capable of trying to get all they could from you.

    Good luck with the bad neighbor !
     

    Expat

    Pdub
    Site Supporter
    Rating - 100%
    23   0   0
    Feb 27, 2010
    109,917
    113
    Michiana
    You would be liable if you hit a parked vehicle, especially since you have stated on a public forum that you are on notice that it is always parked there.

    Complain to the city.
     

    eatsnopaste

    Expert
    Rating - 100%
    1   0   0
    Dec 23, 2008
    1,469
    38
    South Bend
    He might be violating some local parking regulation that an officer can write, you might try looking it up to know what you are dealing with. Short of that...not much you can do. BTW I thought there was hundreds of lawyers on this board. Guess not.

    Experts on the law, shooting, buying, carrying, politics.....must still be playing with their presents! I do understand your confusion.
     

    femurphy77

    Grandmaster
    Rating - 100%
    30   0   0
    Mar 5, 2009
    20,280
    113
    S.E. of disorder
    "Hello, Bob's Towing? Yeah Hi, I live next door to evilblackrifle and I have a car I no longer need and wish to donate to goodwill. Yeah that'd be great! No I don't have a title for it, it used to belong to my mothers uncles brothers nieces nephews aunt down in Kentucky and they don't title cars in kentucky." You said you'll get it in an hour? Perfect!":dunno:
     

    Brandon

    Grandmaster
    Rating - 100%
    11   0   0
    Jun 28, 2010
    7,100
    113
    SE Indy
    call a tow truck and have them tow "your" car. of course if/when he finds out you could and prob will get in serious trouble so id recommend not really doing this.

    a more legal thing you could do. if you have money to burn, rent the biggest ugliest u-haul you can find and park it in front of his house, inches in front or behind of his car. which ever will cause him more grief.

    edit: damn someone beat me to the first part of my post!
     

    evilblackrifle

    Marksman
    Rating - 100%
    1   0   0
    Sep 13, 2010
    269
    16
    Portage, IN
    call a tow truck and have them tow "your" car. of course if/when he finds out you could and prob will get in serious trouble so id recommend not really doing this.

    a more legal thing you could do. if you have money to burn, rent the biggest ugliest u-haul you can find and park it in front of his house, inches in front or behind of his car. which ever will cause him more grief.

    edit: damn someone beat me to the first part of my post!

    I like that idea, but you are right...I could get into trouble for this!!!!!

    Erick
     

    IndyBeerman

    Was a real life Beerman.....
    Rating - 100%
    5   0   0
    Jun 2, 2008
    7,700
    113
    Plainfield
    I like that idea, but you are right...I could get into trouble for this!!!!!

    Erick

    When I used to live with my parents we had people always parking in the driveway, I'd pick up the phone and call the local wrecker and have it pulled off.

    Don't know the extent if you can legally do this if they are blocking your driveway, but I'd call your local PD for advice. It could be a local violation for blocking access to your driveway, or they might have it towed off.
     

    .40caltrucker

    Expert
    Rating - 0%
    0   0   0
    Nov 5, 2010
    796
    16
    "Hello, Bob's Towing? Yeah Hi, I live next door to evilblackrifle and I have a car I no longer need and wish to donate to goodwill. Yeah that'd be great! No I don't have a title for it, it used to belong to my mothers uncles brothers nieces nephews aunt down in Kentucky and they don't title cars in kentucky." You said you'll get it in an hour? Perfect!":dunno:

    Do this except BLOCK your number, use a fake name, and don't say you live next door. Just say it broke down across town at "123 bell st" our local salvage company will take it with out a title no problem.
     

    hoosiertriangle

    Sharpshooter
    Rating - 0%
    0   0   0
    Jun 17, 2008
    356
    16
    Avon, IN
    Could you take over the spot your neighbor is in with your own vehicle? If you do it for long enough you neighbor will have to find a new spot and may just get used to being the new spot? Couldn't hurt to try for a bit.
     

    pathfinder317

    Sharpshooter
    Rating - 100%
    5   0   0
    Feb 1, 2010
    468
    18
    Franklin In
    I have a neighbor who does the same thing, I just bought a really loud motorcycle and started working late nights until about 3am and come home and make sure he is good and awake before I put it in the garage.
     

    PatriotPride

    Shooter
    Rating - 100%
    2   0   0
    Feb 18, 2010
    4,195
    36
    Valley Forge, PA
    Experts on the law, shooting, buying, carrying, politics.....must still be playing with their presents! I do understand your confusion.

    You people must understand nothing about law and attorneys. Why would they post legal advice (for which they can be held liable) on a public forum over such a petty issue? FOR FREE?

    I don't know about you people, but I come here when I am done with work, not to continue it. :twocents:

    As far as the car, I had a situation like that about a year ago. They ended up calling the police on ME over nothing, so I would avoid any overt confrontation with the idiot. IF you're going to do anything, for the love of all things holy don't post about it on a public forum.
     

    Tactical Dave

    Grandmaster
    Rating - 100%
    8   0   0
    Feb 21, 2010
    5,574
    48
    Plainfield
    I know in Marion county if a car does not move for 3 days you can call the city out... even if he moves it after the give him the notice they will tow the car on the third call. I know there is also a law/ordenance on parking to far away from the curb....

    My grandparents had this happen in another state and nothing was done till said neighbors moves.
     

    evilblackrifle

    Marksman
    Rating - 100%
    1   0   0
    Sep 13, 2010
    269
    16
    Portage, IN
    Could you take over the spot your neighbor is in with your own vehicle? If you do it for long enough you neighbor will have to find a new spot and may just get used to being the new spot? Couldn't hurt to try for a bit.

    That's actually a good idea...But...I live on a busy street, and even though the speed limit is 20, its seldom enforced, and lots of people have had their cars hit, but his is a rust bucket POS, he probably wouldn't care if his got hit.
     
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