Blocked the Exit of my Driveway

I have a mail box and paper drop at the entrance to my property. A car parked in front of the mail box today blocked my exit as I was backing out I scraped it. Do I have any recourse here based on parking violations?

Legal Advice

I post links to these topics on Twitter and have had two responses from lawyers in the last few minutes. They both agree with my guess, you are likely responsible for the scrape.

Answer

I have written on your authority if someone leaves a vehicle parked on your private property. However, from your description this vehicle was parked on public property infringing on your driveway.

The vehicle you speak of was parked illegally if it obstructed your driveway:

When vehicle stopping prohibited

189 (1) Except when necessary to avoid conflict with traffic or to comply with the law or the directions of a peace officer or traffic control device, a person must not stop, stand or park a vehicle as follows:

(b) in front of a public or private driveway;

When this happens, police have the authority to remove the vehicle:

Police may move parked vehicle

188 (2) When an unattended vehicle is

(a) parked in contravention of section 187, 189 or 190,

a peace officer may take it into his or her custody and cause it to be taken to and stored in a safe and otherwise suitable place.

So, now you know how to have the vehicle moved if it is a problem. This is where my knowledge of your situation becomes sketchy as we are moving into the realm of civil law rather than criminal law. I would expect that if you try to drive by the other vehicle and make contact with it, you will likely be responsible for most or all of the damage to both your vehicle and the other vehicle.

I have searched but cannot find any appropriate case law to cite for you to back up my guess. You may wish to speak with ICBC about it when you report the damage to them or consult with a lawyer.

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