Neighbour damaged his car on my drive

[lghtnght]

I moved into my new house 3 months ago and after a few weeks, I noticed that the neighbours across the street were reversing onto my property when they left their house. The road is pretty narrow, so they can't really turn around without reversing onto my drive. Plus, another neighbour parks his car (in blue) on the pavement by their house, which makes it harder for them to pull forward and turn around.

It would be much easier if they just reversed onto their own drive and drove out from there. I don't know why they haven't done that yet. I didn't want to start any drama or fall out with them. I had never talked to them before today and wasn't sure how they'd react if I brought it up, so last weekend I decided to put some garden rocks in the corner instead. Just to clarify, they're on my drive, not on the pavement, in case anyone wonders. So, the neighbour knocked on my door earlier and said that his car got damaged because of the rocks. He insists that they were half on the pavement (not true) and half on my drive.

He asked why I didn't tell him I was putting them there so he could avoid driving over them. He said if there was a problem, I should have just talked to him. I told him it's my drive, on my property. Why would I need to inform him? His car wouldn't have been damaged if he wasn't using my drive… He got really aggressive with me, saying that the previous owners never had any issues and that he's going to call the police and a solicitor about the damage to his car. I haven’t heard anything since. I can't believe I'm even writing this. I’m not sure what to do now! I do feel a bit intimidated by him. Am I being unreasonable?

Exactly! So someone else’s driveway should definitely be given a full check beforehand.

Tbf it seems that neighbour hasn’t been observant when they were reversing and that this has become habitual behaviour.

Could quite as easily had been that OP had left a bike lay down at the end of the driveway. Rocks, bike, any other item - makes no difference. Neighbour didn’t see what was there. What if OP would like to put a gate up? It’s THEIR property - entitled to do with it as they choose regardless of what the neighbour thinks

I can see both sides of it though. We’ve got parking spaces next to our house. Drives us bonkers when people park in them - we live near ish to a woodland - unbelievably we’ve been told before by dog walkers parking in our spaces that we could just park on the road when we have kindly requested they don’t park there again. Well yes we could - but those are our spaces that we pay for the maintenance and upkeep of, we live on a busy estate with a building site on the edge of it and there are loads of trucks flying down the road at all speeds. Why would I choose to park my car on the road when I don’t have to?

We would love to find a way to block off the space between our cars (yes one small gap between) to stop people walking between our cars - and yes our cars have been damaged from people squeezing between - there is an actual pathway round our cars but people choose to squeeze between our cars. So I understand OP wanting to restrict their driveway to their own use only

Allowing a person to use your property to walk /drive over for a considerable period could then create an easement, which in turn might lead to other issues. It's not about being neighbourly by allowing him to continue , it's about preventing further problems of which this is just one.
I would not buy a house if there was an easement, or shared drive because, inevitably, some twat causes an issue. A bit like the driver here who can't reverse.

We live on a short street, cul de sac at the entrance. Only 12 houses so not a long street. We are the first house as you drive in with a drive
It's a very steep drive and we have to check clearance before buying a car.

The number of vehicles who think they can reverse into our drive, to turn unaware how steep the drive is a laugh.

Best instance was a "tradesman" - the "We've been laying tarmac for the council and have some spare. I seen you need tarmac work doing - we can do if for £1000 cash". And taking office when we say no. Reversed in a rage, lost his exhaust, jumped out to retrieve it - burnt his hand as it was hot.

Dh wants to paint "trophies" like on ww2 fighters of "hits". Two Amazon , three DHL, a dial a pizza and a couple of random cars.

I don't know if this will help you @lghtnght I have done a deep dive into Google, and come up with some information that has come from multiple sources over the internet. Upshot is, the neighbour really doesn't have a leg to stand on. He did not have permission to use the drive, and you didn't booby trap anything, you simply put some decorative rocks on YOUR drive. If he wasn't paying attention, and damaged HIS car, that's his fault.

From Google: I googled 'if my neighbour drives onto my land and damages his car am i liable?'

Here's what came up...

Generally, you are not liable for damage to a neighbour's car if they drive onto your private land, as they are likely trespassing or failing to take reasonable care for their own vehicle's safety. Liability in such cases usually rests with the driver, unless you created a hidden danger or caused the damage through negligence.

(So if the rocks were simply at the side of the drive for decorative purposes, they were not a 'hidden danger.')

• Responsibility for Access: If the damage occurred while they were using your land, they are responsible for their own vehicle's safety.
• Negligence & Trespass: If they entered your land without permission or due to their own negligence, they are generally liable for any damage to their vehicle.
• Documentation: If the neighbour tries to claim damages, document the incident, take photos, and note that the vehicle was on your property without permission or due to their own error.

If the car damage was caused by a clear, dangerous hazard you failed to fix, you might be partially liable, but typically the driver's own negligence in operating their vehicle on private property covers the damage.

(Again, it was NOT a hazard, it was some decorative rocks on YOUR property, that the neighbour failed to see!)

Generally, you are not liable if a neighbour drives onto your land and damages their own car, unless the damage was caused by your negligence or a known hidden hazard.

Key Factors for Liability

• Negligence: You are only liable if the accident resulted from your failure to take "reasonable care". For example, if you reversed into their car, you would be liable regardless of whether they were trespassing.

• Occupier's Duty (Lawful Visitors): Under the Occupiers' Liability Act 1957, you owe a duty to ensure visitors are reasonably safe. If your neighbour had permission to be there (e.g., a shared driveway) and hit a hazard you knew about but didn't mark, they might have a claim.

• Duty to Trespassers: If they entered without permission, your duty is much more limited. Under the Occupiers' Liability Act 1984, you are only liable for injuries or damage if you knew of a specific danger and had reason to believe someone might encounter it.

• Fault of the Driver: In most cases, the driver is responsible for their own actions. If they hit a stationary object or failed to check the drive was clear, it is typically considered their fault.

Recommended Actions

1. Do Not Admit Fault: Avoid admitting liability until you have established the facts.
2. Document the Scene: Take photos of the damage and any obstacles they hit.
3. Check Your Insurance: If they threaten to sue, contact your home or public liability insurance provider, as they may cover legal costs.
4. Try Mediation: For minor disputes, Citizens Advice suggests mediation to resolve the issue without expensive court fees.

When you take a driving test, reversing or completing a 3 point turn does not include the pavements, if you went up onto the pavement in a driving test - would you fail the test?. Nobody should be using the pavement to reverse out of their driveway on the opposite side of the road - people do it and it has become the "norm" but it is still dangerous, that is why it's not supposed to be done.

203
You MUST NOT reverse your vehicle further than necessary.
Law CUR reg 106

You were within your legal rights to put anything you wanted to on your drive. It is not something, as an adult, that I would have done.

Haven't you heard the saying that you catch more flies with honey than vinegar? Two very different scenarios. Two very different responses you're likely to get.

VERY good point @MikeRafone 👏

I fear you could be at risk, OP, because you allowed this situation to continue for three months without saying anything to your neighbour - it might be argued that he was entitled to believe he had implied permission.

However, I don't think it's much of a risk, simply on the basis that this was an avoidable accident. As people have pointed out, your neighbour was not entitled to assume that there would never be anyone or anything on your driveway and should have been checking very carefully. On that basis I would argue that he has sole responsibility for the accident.

The fact that this man tried to bully you would make me put even more rocks with the original pile of rocks. Fuck that aggressive git

YANBU at all. I have recently moved in to a similar type street (village parking politics) and now I just politely disengage with any 'advice' on parking issues. People hate change. Reversing is probably 'such a chore' to him. Let him figure it out himself and just ignore. I also have a whinging new next door neighbour; I'm empathetic, considerate, gave her my number (BIG MISTAKE), she now messages me if my dogs bark more than twice in the garden (I can't stand barky dogs myself), and I apoligised for the ONE incident I had already spoken to her about that was likely to happen, in that one is terrified of fireworks, so would bark more around 5th November. On 6th November, I got a stern "get this under control" message. Next, she invites me in for a drink with her over Xmas. She's old, lonely and I do appreciate that, but sadly, she's lost me because of her passive aggressive behaviour, and her manner in texting is appalling.

Nope. I don't believe this. He's an abusive twat who is threatening the OP.

Do you really think he had a personality transplant on the basis that he hit some rocks?

What exactly is it that has made him kick off to this extent?

He's predisposed to being an abusive twat. There's no way a man who behaved like this would have taken a neighbour politely telling him to stop using their property as a reversing space well ESPECIALLY if it had been a woman.

Anyone who thinks differently is fucking delusional.

You should definitely paint trophies like ww2 fighter hits and get a camera to record them all, then start a YouTube channel.

Pretend that you didn’t know that he was reversing onto your driveway.
Act innocent: “why would you do that instead of reversing into your own driveway and driving straight out?” etc.
Then engage no more, apart from a pleasant smile.
Treat him like the dolt which he is.

there was someone on a local spotted town Facebook page who parked on a grass verge and damaged his car on a large rock. The responses basically were not very sympathetic

Fair enough, but you can see it’s not a requirement, just your way of doing things. I can see why a woman new to the street might feel anxious about telling an unknown man not to do something he clearly felt entitled to do.

100% agree with @RedToothBrush ^ (at 9.26am.)

He would have to prove that she was aware he was driving on it for the 3 months.

What if the OP never witnessed it, didn't actually know, and put decorative rocks out in her garden. Who is at fault... the driver!

I mean, you didn’t apologise at all but neither do I think you need to. But if you add your view in without reading there’s a good chance you’re simply repeating what’s been said, so asking you to elaborate on your thinking seems fairly reasonable. If you don’t want to that’s fine.

We don't really know the guy, (or the OP) but she didn't seem to have any suspicion of him being aggressive before this incident.
When people think they have been hurt they look for someone to blame.
When people are in the wrong they and asked to stop they are more compliant.

Your writing style is quite abrupt, maybe you are projecting?

We need an update @lghtnght . Has he stopped using your drive?

Agree it's not a requirement and it's not unreasonable for OP to claim her driveway back. I also agree that she isn't liable for obvious reasons. I do think it strange that a woman too scared to talk to an unknown man would do something with potential consequences that are more likely to make him angry though. That doesn't add up for me.

It's like when people on ParkLikeACunt.Com kick off because they've parked like a cunt.

Somehow it's the person who made evidence of them parking like a cunt who is the awful person and shouldn't complain.

It's all about making everyone else into doormats and punch bags so they can continue to behave in an inconsiderate and antisocial manner.

We have laws about driving and parking for a reason - including to stop conflict.

We are supposed to avoid reserving into situations with poor visibility or dangerous situations. We aren't supposed to reverse onto A Roads, onto pavements and it's recommended to reverse into public car parking spaces FOR A REASON.

I could not agree with this more, well said!!

Unfortunately so many people in the UK just ignore the Highway Code, or weirdly and bizarrely make up their own "conventions" which they will scream to you until blue in the face, is the "right way" because "everyone does it so what's the problem?"

So for this see

• Middle lane driving
• Refusing to give way when parked cars are on your side
• Reversing onto pavements, driveways and anywhere prohibited