[Illinois] Backed into neighbor's car that was blocking my driveway?

[dayofsunday]

Jurisdiction

Illinois

I was backing out at night very slowly, probably not even 2 mph. I check behind my vehicle and don't see anything. I then feel a thud and get out to see I hit the fender of my neighbor's car (which they're inside with the engine running). They're exasperated and say they were using lights and such to signal but I didn't see anything, especially since their car is black and it it was dark outside. I already have a claim on my insurance so I offered to just pay cash and they accepted.

A rough diagram of the situation. Our houses are on the second level, with our garages on the first. As you can see, she was hanging out halfway around the corner, partly behind my garage, waiting to pull into hers. Just sitting partly obstructing my garage.

She drives one of those BS new Lexuses with all the bells and whistles and even though I only left a small scrape and dent on the fender, her repair place quoted $1800 for the damage because a new fender has parking assist or some useless trash on it. My working plan is to offer her $900 because she was the one blocking my garage. If I'm correct, you cannot pursue an insurance claim if it's been 10+ days since the accident, which it has been.

My questions:

1. Is that true about the 10 day limit on insurance, or could they reopen it somehow?
2. Do I have a case for them being at fault or at least partially if they were the one obstructing my driveway, even as I opened up my garage door and backed out?
3. If insurance can't get involved, their only recourse is to sue. Surely this would be more than $1000 and not worth their time or money, right?
4. Additionally, if they do sue, can I be held accountable for legal fees if they win?

 

[zddoodah]

Is that true about the 10 day limit on insurance, or could they reopen it somehow?

It's not at all true. There's nothing to "reopen." I'm really curious where you got this idea.

Do I have a case for them being at fault or at least partially if they were the one obstructing my driveway, even as I opened up my garage door and backed out?

Probably not. You didn't describe the setting, but if it's really so pitch black that you truly can't see behind you (even with your back up lights), then you ought to get out of your car and check the situation. That's not to say that this might not give you some negotiating leverage, though.

If insurance can't get involved, their only recourse is to sue. Surely this would be more than $1000 and not worth their time or money, right?

It's not for me or anyone else to decide what is and isn't worth someone's time, but people sue for small amounts in small claims court all the time. As for being worth the money, the cost of filing suit and any process server costs would be included as part of the judgment.

Additionally, if they do sue, can I be held accountable for legal fees if they win?

I can't imagine anyone hiring a lawyer for something like this, but attorneys' fees are not generally recoverable in non-contract matters (and a minor fender bender is not an exception to the general rule).

 

[Zigner]

You backed into a stationary object. I don't see how you aren't 100% at fault.

 

[adjusterjack]

You backed into a stationary object. I don't see how you aren't 100% at fault.

^
Yeah, that.

 

[army judge]

You backed into a stationary object. I don't see how you aren't 100% at fault.

Common sense is a very rare commodity these days.

Your sensible, no nonsense, common sense answer restored my faith SOMEWHAT in my fellow mankind.

 

[adjusterjack]

Common sense is a very rare commodity these days.

It should be taught in high school, maybe even earlier.

 

[army judge]

It should be taught in high school, maybe even earlier.

Thanks to my mother, father, and grandparents, it was taught in my childhood home.