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Who is to blame when a car is hit when parked illegally?

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2008-09-29 22:37:51
2008-09-29 22:37:51

the person how parked.

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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...


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.


It is almost impossible to assign fault to a parked car, even if it is illegally parked.


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


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.


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.


Sorry, but it's awfully hard to find a parked car liable for an accident, even if illegally parked.


Yes, private property does not obsolve you of your responsiblity.


If you know who hit your car, and they have insurance, then, yes, they should pay for it, so long as you were not parked illegally. Let YOUR insurance company handle this for you. That's what you pay them for.


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.


Assuming you are in the car that stopped at the light and you hit the car that was passing, It is obvious the car passing illegally on the right gets the ticket and the blame and had better have insurance.


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.


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.


depends on whether or not the car is parked well. if the car is parked properly, in the right spot then it should be the car that hit it that is at fault.


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.


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


Usually it's the company of the car that hit the parked car regardless of location.


It all depends. Both you and the car that is double parked are responsible. when you do hit a car that is double parked, and the person is not at his/her car, make sure you leave a note saying that you hit his/her car. why leave a note? ITS AGAINST THE LAW TO LEAVE A CRIME SCENE!!!!!!!!!!!


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.


blame the person who hit first. if that doesnt work then u the first guy who hit the car and the other guys car who hit the other guys car r in deep trouble!


If it was leagally parked, you should be asking what are your obligations if you hit a parked car. Your responsibilities are to pay the cost of fixing the Property of the person who's car you hit. Man up and do the right thing.



The driver of the car that was driving when the accident occured. The owner of the parked car should not be responsible unless the car was parked in an illegal place or position.


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



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