I don’t get why, but apparently this only applies if the thing you hit is an animal. If you hit a mailbox or a rock or a house, it seems that collision covers you:
I disagree. You would never move from your driveway. Perhaps you do not live where deer do, but those suckers materialize in front of your car. Also, if that were true, people would be prosecuted when a child darts in front of your car and they are not. You need to travel at a speed allowing you stop in time for all reasonable threats, not unreasonable ones.
My bet is that you would be found at fault for the accident by the insurance company since you left the roadway of your own volition. And that’s if the other driver admitted they blocked the roadway instead of simply saying they were backing out, stopped at the end of the drive, and you over-reacted. Note that insurance companies make their own determinations of fault that do not necessarily follow who is legally at fault.
That is why I drive big, old, 4X4’s, with big black brush guards.
“Ram, never brake” are the words to drive by.
IANAL and I don’t live in the US, but I can say that a woman I used to work with (who was a terrible nervouse driver) once came too fast out of a driveway and realized that traffic was coming so she slammed on the brakes. The problem was an older guy driving the other way thought she was going to come in and drove up onto the sidewalk to avoid her.
He got her license plate and the accident was deemed her fault, although she didn’t hit anyone and stopped before coming into traffic.
Hope that helps a little