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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.

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โˆ™ 2010-06-08 16:46:08
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Q: If your car is illegally parked and has been hit by another car who pays for damages?
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Related questions

Who is at fault when you back into a car that is illegally parked?

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...


Who is responsible if a wrongly parked car is hit by another?

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.


Your car got hit by a bus while parked illegaly whos responsible?

You are responsible. You should not have been parked illegally.


Who is at fault when you back into someone parked directly across the street from your driveway?

The driver of the moving vehicle is at fault. The parked vehicle may have been parked illegally, but it didn't hit anything.


What will happen if you were driving without insurance when your brakes failed and you hit a parked to a parked car?

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.


Is it the driver's fault if he hits an illegally parked car in a parking lot?

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.


Are you liable for the damage to a car in the no parking zone?

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.


Can the police impound your car if you are present?

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


What is the momentum of a parked car?

The momentum of a parked car will be none because it has not been acted upon by another force.


Who is at fault if a car leaving a parking space strikes a car that is illegally parked in a driving lane?

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.


Who is at fault if you hit an illegally parked car that blocked you from coming out of a parking space?

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.


If an uninsured driver backs into a parked car that was backed in making it less visible to the driver on private property and the driver nor it's passengers could see the car what happens?

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.


If you hit a car that is partially parked in the residential road who is at fault?

more than likely you, they may assess a percentage to the 'illegally' parked vehicle, but look at it like this, what if it had been a child? you still have a duty regardless of the obstruction to be going at a speed that will allow you to stop without hitting something, (that is still in the road way)........assuming here now that the vehicle was just setting there didn't 'dart' out in front of you.........


Who is at fault if someone backed into a car parked in a fire lane when there was ample room to avoid the collision?

In any jurisdiction in the US, you are at fault because you shouldn't have been parked there. She would have had even more room if you weren't parked illegally. No. Removing the "fire lane" sign would not have avoided the collision! You are not at fault for a collision just because you were parked in an illegal place when someone hit your car. That is why they have mirrors, windows and brakes on cars: so the other driver can see parked cars (or wandering children) and stop to avoid recklessly crashing into them. A person who could have avoided a collision by exercising ordinary care in stopping sooner, but failed to do so, is responsible for the entire damage, regardless of what was hit or how it got there.


What type of action can an individual file if he or she has been injured because of another's negligence?

It would be a civil suit, usually in tort, for damages.


Who is in fault if a uninsured car slides down a slope and hits a car parked illegally?

Disclaimer: I am not an attorney. But that seems to be a thing at the discretion of the Judge, all conditions must be considered, and 'illegally parked' could mean anything from an expired meter to blocking the road. And in Calif, if you are uninsured, regardless, you are at fault because you should not have been on the road. If you rear-end a car at a red light, and that car, just sitting there waiting at the light, is at fault if uninsured. That's why you should carry both uninsured and under- insured on your policy, even when convicted and ordered to pay, they usually don't.


If you rear-ended another vehicle and you're uninsured can you get an estimate of your own on the other vehicle before you pay for damages if you don't agree to the amount that the owner wants?

The owner of the vehicle is allowed to have his damages repaired anywhere he/she wants. If you have already been determined to be at fault I suggest that you just pay the damages and get insured... or don't drive.


Who is at fault if a car blocks your driveway and you back into it?

You know the answer: you hit a parked car! You're absolutely liable. On one hand, you should have been looking while backing out so it would be your fault. He may get a citation for parking there, but you could have avoided an accident by looking first. You will be lucky if you are not cited for reckless and dangerous driving. (In some states, contributory negligence on the part of the parked car's owner could reduce your liability, but you would still be at fault. Your best option is to report vehicles that are illegally parked and avoid any possible accidents.)


If a car is parked in a loading zone and is hit by another car who is at fault?

It has been suggested that: " Loading zones are usually for delivery trucks or semi trucks delivering goods to the warehouse or store, so if your car was in the loading zone and you were not given permission to unload something you had in the car, then it's your fault for being there in the first place, and if it was just a car going by and it hit you, then they would be at fault as well." However, this ignores the fact that parked cars usually do not "cause" the collision merely by being there, whether or not legal. Otherwise, drivers would be free to collide with anything that gets in the way in violation of any law. No-parking zones are not usually for protecting other drivers from collisions with parked cars, but rather for the convenience of traffic or abutting businesses. Who is at fault if you hit a car at an expired parking meter? Whether a car is legally parked or not, the driver of every other moving vehicle has a positive obligation to pay attention and stop before hitting it! Simply parking illegally will almost never excuse another driver from hitting the parked car. The parking driver has an obligation to the TOWN to obey the signs, but unlike moving violations, has no obligation to other drivers to follow the parking law, with rare exceptions. You can't sue someone for illegally parking on a public street, especially after you crash into them. No obligation, no negligence, no fault, no payment.


Can a vehicle be repossessed if it is blocked in the driveway by another vehicle?

If you have not paid your loan, your vehicle is repossessed. If your vehicle is parked illegally, such as in front of a driveway or in a no parking zone, it is impounded. In both cases, a police report should have been turned in to the local police department. With an impounded vehicle you generally have a parking ticket, a towing fee, and a storage fee. All three must be paid before you get your vehicle back. Next time walk an extra block.


What kind of damages can a plaintiff recover if a defendant's actions have been fraudulent wanton or outrageous?

The kind of damages a plaintiff can recover if a defendant's actions have been fraudulent, wanton, or outrageous depends on the damages to the plaintiff. If the actions are wanton, the damages tend to be higher than if they are simply fraudulent.


My 1989 buick century has been parked for 3 yrs has 65000 mls ran great when parked won't start now has new battery?

Start with the fuel pump. I have found in purchasing vehicles that have been parked for any length of time that I had always had to replace the fuel pump, strainer and filter.


Can a California highway patrol hide when using a radar gun?

The answer is yes! However, they cannot be illegally parked when using radar. You can take a photo of were the officer was parked and contest the ticket. There are several draw backs you may face with this challenge. 1.The Judge can admonish the officer but he can also ask you if you were in fact violating the speed law? To say no will get you a fine, their not stupid. 2.To say yes! The judge can and most likely will tell you that you have admitted in a court of law that you did in fact break the law and you will have to pay for the ticket anyway! There is less than a 10% chance that a judge will throw out the violation. The officer would have to have been very flagrant of vehicle traffic and personal safety if illegally parked and that's rare on the part of most traffic officers.


Can you remove a vehicle parked on your property?

Depends how long it has been there.


How many movies have been downloaded illegally?

Millions of movies have been downloaded illegally since they were first made available on the Internet. These movies are uploaded by users who then share them to people around the world.