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View Full Version : BBB Wisdom - Are we responsible?



MamaInMarch
08-15-2012, 03:56 PM
Neighbor across the street just knocked on my door to let me know that she backed into our chain link driveway gate. It was open and the side she backed into has the c-shaped latch, which punctured 2 holes in her bumper. The gate (which I rarely leave open! but did today because I was wrestling 2 kids into the house) opens into the street but that side opens clear into our grass and off the actual road. I feel bad because I left the gate open, but it was off the road so I am just not sure. Am I responsible for helping her fix her bumper? Good relations are more important to me than legal responsibility so I want to do what would be best.

wellyes
08-15-2012, 03:58 PM
Her moving car rammed into your stationary fence. I say no flippin' way are you responsible.

mackmama
08-15-2012, 03:59 PM
I'd say that if she backed into your gate, it's her responsibility. (It'd also be her responsibility to fix the gate if it got damaged.) I understand your wanting positive neighbor relations - but I'm just not sure how you'd be responsible here. Is she wanting you to pay?

BabyBearsMom
08-15-2012, 04:00 PM
Her moving car rammed into your stationary fence. I say no flippin' way are you responsible.

:yeahthat: That is like if she bumped into your mailbox, it would be hear fault. Just because the gate was open doesn't mean she doesn't have eyes to see it was open and drive accordingly.

ellies mom
08-15-2012, 04:05 PM
Her moving car rammed into your stationary fence. I say no flippin' way are you responsible.

:yeahthat:


If it was off the road and not in her driveway, then there is really no excuse for hitting your fence. She should be checking to make sure she didn't damage your fence not expecting you to pay for her bumper.

mctlaw
08-15-2012, 04:10 PM
Unless your open gate was actually swinging when she hit it, and swinging into the road or her drive, um no.

lhafer
08-15-2012, 04:10 PM
A gate (opened or not) was on your property. SHe is liable for her own car, and for repairs to your gate. In no way are you responsible for anything here. Just because you might have left a gate open does not mean she shouldn't be looking where she's going. Chances are, she's used to the gate NOT being open, so she assumed it was closed and went for it without looking.

TwinFoxes
08-15-2012, 04:10 PM
Was she knocking to let you know she may have damaged your fence? That's what I would have done.

KrisM
08-15-2012, 04:11 PM
:yeahthat:


If it was off the road and not in her driveway, then there is really no excuse for hitting your fence. She should be checking to make sure she didn't damage your fence not expecting you to pay for her bumper.

:yeahthat:

Unless your fence was swinging back and forth in the wind or something, I can't see how it's your fault.

codex57
08-15-2012, 04:30 PM
Good relations would be not suing her for replacing your damaged gate. Replace it yourself if needed.

If she's asking you to replace her bumper, that's beyond ridiculous.

I'm gonna go with TwinFox's take and just assume she was being nice to let you know she accidentally hit your fence. So, being nice, you can let her off the hook for the damage to your fence. Legally, you can make her pay for it.

MamaInMarch
08-15-2012, 04:44 PM
I think she was knocking to let me know that the latch had been damaged. I told her no worries (she is under a lot of stress) and DH hammered it back into shape as soon as he got home. All is well on our side. I didn't think I was responsible but it's good to confirm that I am not whacked out thinking so.

smiles33
08-15-2012, 05:02 PM
I'm still trying to picture how I could reverse my car into a neighbor's gate...Did she hit the gas and land on your lawn or something? So weird. Glad to hear your DH fixed the gate so it's one less thing to have to deal with.

codex57
08-15-2012, 05:24 PM
I'm still trying to picture how I could reverse my car into a neighbor's gate...Did she hit the gas and land on your lawn or something? So weird. Glad to hear your DH fixed the gate so it's one less thing to have to deal with.

If it's a post or something, it can be hard to see. Especially if you drive a SUV or minivan or something. Pretty easy accident IMO. I wouldn't necessarily call her a bad driver just cuz she hit a pole.

MamaMolly
08-15-2012, 06:39 PM
Was she knocking to let you know she may have damaged your fence? That's what I would have done.

I think this must be the case. I did the same thing when I murdered our neighbor's recycling bin. It is NOT my fault the recycling guys left it in my driveway, but still it is my fault I squashed it. They were really nice about it, too.

If you want to be really sweet you could take her a bottle of wine as a jokey kind of peace offering. Say something about how after the day she had you thought she might appreciate it. ;)

codex57
08-15-2012, 07:45 PM
If you want to be really sweet you could take her a bottle of wine as a jokey kind of peace offering. Say something about how after the day she had you thought she might appreciate it. ;)

If anything, I could see how the neighbor came over with a bottle of wine as a peace offering. The OP did NOTHING wrong. She shouldn't do anything. Letting the neighbor off the hook was already above and beyond.