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Can I sue someone for the damage their driveway caused?

Leaving someones driveway I scraped the front bumper of my car. I have full coverage I don't know if repairs are over the deductible. The car is new. I've had less than a month. I was mainly wondering about laws or rules for an uneven driveway damaging someone's property?

Jan 9, 2018 Charleston, SC

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Ava Lynch

Insurance Analyst

Credentials
  • 7+ years of Experience in the Insurance Industry

Ava joined The Zebra as a writer and licensed insurance agent in 2016. She now works as a senior insurance contributor, providing insights and data a…

Although their driveway was what caused the damage, it is the driver's responsibility to navigate slowly over bumps to avoid damage. So, in this case, the owner of the driveway wouldn't be considered at fault or responsible for the damages. What I do recommend, however, is getting an estimate for the damages prior to speaking with your insurance company. In our state of insurance analysis in 2016, at at-fault accident (which would be considered if you filed a claim), raised premiums an average of $539 a year in South Carolina (58). Now, for most claims you will be charged/rated for 3 years. So that $539 will stretch to $1,617 over time (on average, estimated). If the estimated amount of the damages caused by the driveway is greater than that $1,617, you might consider filing a claim. Otherwise, your best bet is to handle this out of pocket.

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