The driver is responsible for the full damages. Your car is motionless. A prudent driver driving reasonably should look into a rear view mirror before backing up. In this case your illegal parking did NOT contribute to the negligence of the driver.
The person's who parked it there, (its parked illegally.)Not your fault.
The driver of the backing vehicle. The fact that the car was parked illegally is irrelevant. The onus is always on the driver of a moving vehicle to ensure the way is clear before backing up.
It would be the car who had parked illegally because he was not parked in a legal spot.
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.
The owner of the illegally parked vehicle may be ticketed, but the "at fault" driver is responsible for the damages to the parked vehicle.
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.
You Dummy!!
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...
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.
At least partially.
It is almost impossible to assign fault to a parked car, even if it is illegally parked.
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.