Birmingham, AL asked in Civil Litigation, Personal Injury and Real Estate Law for Alabama

Q: Can my neighbor be charged for damaging her own tire?

I have been accused by a neighbor of causing property damage, specifically a flat tire on her vehicle. The neighbor lives on a hill with a long driveway affected by water erosion and a nearby fence built by a farmer. I have had various disputes with her, but there has been no communication directly addressing the tire incident. I believe she might need mental help, as I have previously issued a complaint in this regard. I also have pictures of the driveway conditions. Can she be held accountable for the tire damage if it was self-inflicted due to the terrain?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: This sounds like a frustrating and unfair situation to be caught in, especially if you’ve done nothing wrong. In Alabama, someone cannot be charged for damaging their own property unless there’s evidence that they’re doing so with intent to commit fraud, like filing a false insurance claim. If your neighbor’s flat tire happened because of her own driveway conditions—especially if erosion or poor maintenance played a role—then it’s not a criminal matter, and there’s no one to legally charge.

The fact that she’s accusing you without any proof doesn’t create grounds for property damage charges. As long as there is no evidence tying you to the flat tire, she cannot legally hold you responsible. The photos you’ve taken of the driveway could help protect you if she tries to escalate the situation or involve the authorities. Having previously filed a complaint about her behavior also adds context if the situation continues to escalate.

If she keeps making accusations or if you feel threatened, you can file a report with local law enforcement to document the harassment. You have every right to protect yourself and your peace of mind. Try to stay calm, document everything, and avoid engaging in direct conflict with her. You’re not responsible for her property issues, and the truth is on your side.

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