Generally speaking, the driver in motion is considered to be at fault when a parked car is hit, even if the car was parked illegally.
The exception to this would be if the car was parked in a dangerous, hard-to-see location and the driver in motion could not have reasonably avoided hitting it.
For example, if a car is parked on a sharp curve in the travel lane of a narrow road, and the driver of a car driving around the curve at the speed limit would not be able to see the parked car until too close to it to avoid a collision, then the driver might not be liable for damage to the parked car, and indeed the driver who parked the car might be liable for damage to the car that hit it.
Of course it is your fault. The fact that the car was illegally parked is of no consequence. You didn't look where you were backing or you would not have hit the parked car. Would you have hit this car if you had been looking? Perhaps the illegally parked car is a Mini Cooper, parked illegally 1 foot behind a Hummer and therefore not visable when the driver looks before backing up...
You are responsible. You should not have been parked illegally.
If the car is parked illegally, its driver will be considered at fault. The thinking is that if this person hadn't parked illegally in the first place, the accident probably would have been avoided. Traffic laws vary from state to state, however, so its best to check with the state where the accident occurred traffic laws.
The driver of the moving vehicle is at fault. The parked vehicle may have been parked illegally, but it didn't hit anything.
If you're looking for sympathy you're in the wrong place. You are completely responsible for all damages. And let me point out that if you hadn't been driving the car, (you know, illegally) you wouldn't be in this mess. And more importantly, the other person who's car you... destroyed? wouldn't be having to figure out what to do now.
Yes, it is. Liability can't be assessed to an inanimate object. The owner of the illegally parked car isn't inanimate, of course, but it would still not give the driver of the moving vehicle the "right" to hit the parked vehicle. As I noted in a similar question, recently one of the larger insurance carriers has been applying fault to the owners of illegally parked vehicles. To my knowledge, that carrier hasn't won a single arbitration for doing so, and has been forced to pay the claims in full. On the other hand, there could be certain circumstances where negligence -- or, at least, comparative negligence -- could be applied to the owner of an illegally parked vehicle. For instance, the car is parked on a blind curve in a no-parking zone, or of course it's parked illegally and has endangered public safety (in front of a fire hydrant, for instance). If, however, this is just a case of a driver striking an illegally parked car because the car was blocking his way, or the driver was going through a parking lot and didn't expect to see the parked car, the driver would be found at-fault. Look at it this way: Every driver of a moving vehicle has to be cautious and prepared for the unexpected. Suppose it wasn't a parked car, but a kid on a bicycle or a pedestrian. In that sense, "right-of-way" takes on a whole new meaning.
Yes, if the offence has been committed, and it calls for a tow and impound, even if you are in the car and it is illegally parked, say good by
Yes. Sure, the car shouldn't have been there and perhaps was there illegally but that does not let anyone off the liability hook for causing property damage or injury while driving a vehicle. It would be a different story if you were driving in your own lane and the other driver, illegally parked or not, came out in front of you and caused the collision. However, there may be circumstances where the illegally parked car was a contributing factor in an otherwise avoidable collision, say, where it was blocking your view or otherwise creating a hazard that you were attempting to avoid when the collision occurred. If so, whoever left it there may be partially liable for YOUR damages.
The momentum of a parked car will be none because it has not been acted upon by another force.
The driver of the moving vehicle. It's impossible to assess liability to an inanimate object (in this case, a parked car). And, certainly, it's aggravating when an illegally parked car is blocking the way. That's probably why it's illegal to park there, anyway. But... 1. It doesn't give someone the right to hit the parked car and, 2. A person operating a vehicle has a greater duty to make sure the way is clear. Recently, one of the larger insurance companies has been assessing liability to the owners of parked vehicles (for instance, a vehicle that has broken down and is, for all practical purposes, parked illegally on the side of the road or blocking traffic). To date, that company hasn't won a single arbitration to support such a liability decision.
From your question I am perceiving that you parked straight and someone came and parked beside you but the rear of their car is blocking the rear of your car. You would be at fault because you should have realized that you wouldn't have been able to back out. In that case you should have contacted the local police (don't call 911) to have them do something with the car if you are not able to find the owner of the vehicle.
You hit a parked vehicle. No matter how or where it was parked, you are responsible for the damages. If you hit the car, you could have seen the car if you had been looking. You have no insurance which is a violation of the law. Pay the owner of the car you hit and accept responsibility for your poor driving, and stop trying to blame this on how the vehicle you hit was parked. It is your fault plain and simple.