You are. Unfortunately, it doesn't matter where the car was parked. Even if it was parked on the moon, you still hit it so... I know it doesn't seem fair but rules are rules. Well, the other driver could receive a ticket for illegally parking, but the car was unoccupied and you ran into it. That makes you responsible for the accident, particularly if you knew the car was there before you back out. Not suprisingly, that someone may have done something wrong does not mean everyone else gets to take a free shot at them. In fact, it may put more obligation on those later to lessen the effects of the wrong doers actions. So, the first one doing wrong may be less responsible than the last one, or anyone who could have avoided making it a problem.
The person who is backing out of the driveway is completely at fault. Even if the other party was illegally parked, the driver of the other vehicle has the responsibility to look behind them for clearance.
The driver of the moving vehicle is at fault. The parked vehicle may have been parked illegally, but it didn't hit anything.
Yes. Being illegally parked does not affect fault. If you strike a parked vehicle, it is ALWAYS your fault because you have a duty to ensure the way was clear before moving.
Both of you. You for "undo care and attention" and the other person will be fined for parking on the wrong side and blocking off the driveway. Marcy Under no circumstances would a "parked car" be at fault for an accident that you could have avoided by simply using due care as required under the circumstances. The fact that the car is parked illegally is between them and the constable and has no bearing on liability to you. All you had to do was have the illegally parked vehicle removed and you would have avoided any risk of collision, but you intentionally assumed the risk by taking matters into your own hands. Also, many jurisdictions do not prohibit "wrong side" parking, except on divided roadways.
The person backing up can be held accountable, since he is responsible for knowing what is in his line of backing. However, you can also be held responsible for blocking his driveway, this is considered a safety hazard. Most city ordinances have laws against parking on sidewalks and blocking private entranceways and driveways. So, you both could be in trouble but the car blocking the driveway will be cited with stiffer fines. Note that most states have some form of comparative negligence in analyzing cases like this. It is likely that the vehicle blocking the driveway would be assigned some level of negligence for blocking the driveway. However, it is probable that the majority (if not all) of the negligence would be assigned to the person backing out of the driveway, because his vehicle was in motion and he is supposed to be aware of its direction and speed of travel and any potential hazards it may encounter in its path. If I had to make a guess, negligence might be assigned 90/10 or 80/20. Depending on the jurisdictions form of comparative negligence, any damages would be split accordingly.
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.
In the UK it can, if the driveway is private property.
Let your insurance company handle it. They do it all the time.
an individual may not stop, stand, or park a vehicle: (1) In front of or within 5 feet of a public driveway, or within a private driveway, without the consent of the owner or occupant of the premises see http://www.municode.com/resources/gateway.asp?pid=10016&sid=20
Communities have their own zoning laws. In many having a broken vehicle in your driveway can be a violation of the zoning laws.
No. It would be highly unlikely that you could ever prove liability of a vehicle that was not in motion at the time of your accident, even less likely if if that vehicle was not illegally parked.
Yes, if you are blocking your neighbor's free access or causing any inconvenience. Even if you own the property you own it subject to your neighbor's right to use it. Neither one of you can park on the driveway so as to block the other party.
Yes, in Pa.
Have it towed?
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.
You can park your vehicle on your property with no insurance. HOWEVER, in some cities you must have a current license plate on your vehicle for it to be parked in the driveway and to have a current plate, you are required to have insurance. The issue here is the driveway and what can be seen from the street. Unlicensed vehicles in a driveway could be viewed as a "junkyard", "car lot" etc
The driver of the vehicle in motion. The fact that the vehicle that was struck was illegally parked has not bearing on the responsbility of the driver of the vehicle that caused the damage. Well, technically you would be at fault. You can always take it to small claims court that the car was blocking you in, by being parked illegaly in the fire lane, you thought you could get out, but underestimated the driving room. Also, to help you is to get pictures of the car in the fire lane. OR, you could consider it a hit and run?
Yes you can, just by parking your vehicle at the end of the driveway where the strangers are unable to pull their vehicle onto your driveway. Yes, if you build a gate on the inside of your property line and clear of the public property "easement". Of course, that answer is dependant on the local regulations.
If a vehicle is pulling into roadway from driveway, the vehicle pulling out is at fault.
You are. You didn't park your vehicle properly. The fact that the other vehicle was parked illegally doesn't give you permission to crash into it.
You can if you have permission from the driveway owner.
Yes but he is not allowed to tow the vehicle with a person in it.
The backing vehicle appears to be at fault - they should have been looking behind them to see what was happening there and seen the car coming out of the driveway.The car coming out of the driveway would have had their attention in the other direction, looking for oncoming traffic.