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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.

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โˆ™ 2004-04-08 11:02:04
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Q: Is it the driver's fault if he hits an illegally parked car in a parking lot?
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Related questions

Who is at fault if you back into an illegally parked car?

The person's who parked it there, (its parked illegally.)Not your fault.


Who is liable in a rear end collision if the car that was rear ended was parked?

As long as the parked vehicle is parked properly and not illegally parked in any manner, then the vehicle that rear-ended the parked car is at fault. Now if the parked car is sitting illegally (such as double parked or parked in a no parking zone, etc.) then the parked car is at fault or even both the parked car AND the car that hits it are BOTH at fault.


Who is at fault when a parked car is hit while in a no parking zone?

If the driver had hit a pedestrian or a car that was sitting, waiting for a stoplight, who would be at fault? The driver is responsible for whatever he hits. While the parked car will get a parking ticket, that is not a "moving violation", and cannot be considered the cause of a collision. Drivers are responsible for avoiding ALL obstacles, even illegally parked cars.


Whose insurance pays in PA a no fault state when you hit an illegally parked car in a parking lot?

Yours, because the question is ... even though that car was illegally parked, what type of driving were you doing that caused you to hit it? No fault only applies to injuries. Property damage is the responsibility of the at fault driver.


Who be be at fault if you hit an illegally parked car in Atlanta even if the illegally parked car was in a blind spot and the space where the car was parked illegally was too close for comfront?

It would be the car who had parked illegally because he was not parked in a legal spot.


I was legally parked in a parking space and a vehicle pulled up behind me and parked not in a parking space and i backed into her who's fault is it?

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If you Hit an illegally parked car in Australia whose fault is it?

It depends if the illegally parked car is a danger or interuption to the normal flow of traffic. For instance if someone is parked in a handicap spot illegally, and you hit them, obviously it is your fault. You need to be able to prove that due to the other persons actions of illegally parking, it inevitably led to you hitting their vehicle. Just remember, you are the one moving, and you are the one who hit the "non-moving" object.


If you are parked at a curb in front of a house and a car across the street backs out of his drive way and hits your front left drivers side who is at fault?

If you were legally parked, the person backing up is at fault. If you were in a "No Parking" area, you are at fault.


If you hit a car parked illegally across from your driveway while backing out are you responsible for repairing the car that is parked illegally?

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I backed into a car that was parked illegally behind me is it my fault?

You Dummy!!


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...


You were parked illegally and were hit by another car are you at fault?

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