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2011-09-13 05:34:07
2011-09-13 05:34:07

If the car was legally parked, Yes.


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If the other vehicle was parked, there was no other driver to have license, insurance or registration. The driver who hit the parked vehicle is at fault and is liable for all damages to the parked vehicle.

It's difficult to imagine circumstances in which the owner of the parked car could be considered to be at fault. Almost always, the driver of the moving car will be found liable. Even if the car was not parked properly, the driver of the other car generally will have had the "last clear chance" to avoid hitting it.

If a car is parked (so it wasnt moving, standing still), the other car is in fault.

The owner of the car that was wrongly parked still has the ability to sue. They should get the other driver's information and file a claim on their lawsuit.

You will be cited for driving without insurance and the other driver being at fault, him and his insurance are still liable for damages.

The driver at fault is liable for the collision, regardless of the other driver's actions post-collision. The fleeing driver may later be brought up on Hit and Run or Leaving the Scene of an Accident charges, but that will not change the at fault liability.

If your car was hit while parked and the other driver drove off, then you ask for payment under your collision coverage.

AnswerAs long as your vehicle was parked legally and you were able to obtain the other vehicle's insurance info, the driver of the other vehicle's insurance co. is resposible for all your damages.

the driver is liableHowever if you have insurance that covers the other person by name or "any other driver" then a claim can be made against your insurance. This would make a great court case depending in which state this accident takes place!

Yes, but bear in mind that a person (driver) is not automatically liable just because there was an accident There must be actual injury and or damages and the driver must be determined "At Fault" for the accident. Otherwise there is nothing for them to be liable for.

Some people incorrectly believe: "It is the parked car driver that is at fault because the car was parked past the sign." However, a parked car does not have the ability to see and avoid other cars; the drivers of the other cars are responsible for trying to avoid hitting any object that may be standing in the way, regardless of how it got there or whether it happens to be there legally. Could I legally crash into a parked car simply because it's time ran out on the parking meter? Parking laws rarely have anything to do with liability to other drivers who crash into each other. On the other hand, if the illegally parked car was violating a view to a intersection approach, and two OTHER cars collide "because of it", then the parking law COULD apply and may serve to apportion fault to the driver of the parked car who created the specific hazard against which the sign was posted, but most of the blame is on the other drivers who failed to exercise caution while driving. It still doesn't give someone the roght to drive into it.

your insurance contract will say something like, ''promptly report all losses'' you should report it to your doesn't matter that other vehicle is uninsured.......if you are liable you are liable, and owe for his damage, whether or not he is insured......

The at fault driver always has the primary liability for the damages they cause in an accident. (The guy who rams the other guy).

Your insurance will have to pay regardless if the other person has insurance or not. You were at fault.

Yes. The taxi driver should have parked in such a way as to not impede the exit of the passenger. Taxi companies carry lots of insurance for obvious reasons. Which is also why the fares are usually costly. It could go both ways, if you didnt think you had enough room on one side, why not try the other side? It depends upon the damage and where the taxi cab driver parked. The law "should" seem fair and reasonable under the view of the average person. For example, if the driver parks so close you don't enough room to exit comfortably then he would probably be at fault, but if there's no one next to you then someone pulls up and you still open the door without noticing the car next to you then you would be negligent. It depends on the circumstances. Basically you need to ask yourself who the idiot was, the driver or the passanger.

I was recently involved in a car accident in which the driver of the other car is legally at fault. Is the other party's insurance still liable for damages involved if the at fault driver is: 1. not the owner of the car, 2. not the insurer of the car, 3. does not have a license. Thanks!

If your vehicle was parked you should not need to pay ANY deductible. If you were not found resonsible for the collision your expenses should be entirely paid by the at-fault driver. If necessary, you may need to take the other driver to small claims court.

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.

Well, the driver who hit the other vehicle would still be liable, but it would be a matter for insurance to pursue, not the police, since the 2nd driver left the scene. Certainly, leaving the scene creates a window of doubt with regard to the damage, but it's not really enough to get the at-fault driver off the hook.

The driver of the first striking car is responsible for all subsequent damage.

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, as long as the car is parked on private property. Cars stored on private property and not "in service" are the same as any other property, If the insured runs into your parked car our your house the insurance will pay. That's not quite correct. If the damage was intentional, meaning that the driver of the insured car deliberately struck the uninsured parked car, then the at fault driver's insurance will NOT pay because of a clause in the policy that excludes coverage for 'intentional acts' like criminal activity (which is what this is). So the parked car's owner would have to pursue a civil case against the at fault driver and try to collect against their personal assets.

It is more likely you will be sued by the insured driver's insurance company. Just because the other driver had insurance, that does not exonerate you from having to pay damages if you are liable.

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