Q&A

Double Parked!

Q: If a car is double-parked and I cannot get through without scratching it, may I continue driving? Similarly, if someone repeatedly parks in front of my driveway, may I take action to move his vehicle if it may cause him damage?

A: One may not damage another person’s property, even if the other person wronged him, and one who causes damage is obligated to pay. Therefore, one may not damage a car parked in front of his driveway merely to teach the owner a lesson.

However, there is a halachic principle of עביד איניש דינא לנפשיה — one may take the law into his own hands to protect his own rights. This means that when someone takes or prevents him from accessing what belongs to him, he may take action to recover or protect his rights, even if doing so causes damage to the other person.

This principle also applies when a car blocks one’s driveway, one may enter or exit his driveway even if doing so causes damage to the obstructing car, provided there is no other reasonable way to proceed and the action is solely to remove the obstruction.

Similarly, if someone is double-parked and one urgently needs to proceed, with no other way to get through, he may continue driving even if this will scratch the other person’s car, provided he is acting solely to remove the obstruction.

מקורות: שו“ע חו“מ סימן שע“ח ס“ו. סימן ד’ ס“א, .ועיי“ש בנה“מ סק“א