Crash into an illegally parked car - whose fault?

1. 87

   stephhicks68posted 12 years ago

   Crash into an illegally parked car - whose fault?
   
   What if a car parks in a non-parking place right behind your vehicle and you do not see them, are you responsible for damage resulting from your backing into them?
   
   

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2. 61

   point2makeposted 12 years ago

   You, as the operator, are always responsible for the operation of your own vehicle. It doesn't matter if the other car is illegally parked. Hit a parked car and you pay!

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      MarieAlana1posted 11 years agoin reply to this

      You especially pay if you hit and run.....

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3. 60

   duffsmomposted 12 years ago

   The driver that hits the illegally parked car is responsible.  This happened to me with a guy parked way into the aisle of a parking lot. I backed up right into him.  But it was my fault because had I looked as I should have, I would have seen the car and avoided hitting it.

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      mommahottnessposted 12 years agoin reply to this

      was this a private parking lot? It is hard to believe it would not have been a 50/50 accident. I would be angry with my insurance company!!!

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   2. 87

      stephhicks68posted 12 years agoin reply to this

      I guess I tend to agree.  My husband argues that because my car was slightly headed downhill, my line of sight was up and over the top of the car that was parked where it should not have been.  The parking lot we were in is a school parking lot....

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4. 0

   TechTrendyposted 12 years ago

   Probably depends on the state and location and whether it was on public or private property. My landlord parked in my assigned parking spot so I parked my car right behind his. He backed into it and did some minor damage. He said he was at fault and paid for the damages he caused. Now if I had backed into someone in a parking lot who was illegally parked I would ask to get a copy of the security footage if available to prove the car had no right to be there in the first place.

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   1. 77

      teaches12345posted 12 years agoin reply to this

      Interesting question.  I agree with Tech Trendy that it probably depends upon the state.  In Florida, it is a no-fault state and many minor accidents are treated as such.

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   2. 87

      stephhicks68posted 12 years agoin reply to this

      I really don't mind paying for the damage I did to my car, but concerned about the damage to him.  I guess I agree with the comment below that the operator of the car is liable (unfortunately), but I am still quite annoyed at the whole situation!

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5. 60

   mommahottnessposted 12 years ago

   My son was riding an Bike and hit a car that was illegaly parked here in california. The owners freaked out and threatned to sue me. I called the police and took a video of the car because it was 23 inches from the curb facing the wrong way and blocking the drive way. The police told me it was a civil matter but to make my case more firm that I should call in a patroll cop to give the car owner a ticket that way they were cited as being Illegal on the road.
   It boiled down to them eating the damages because they were in the wrong.

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6. 0

   mjkearnposted 12 years ago

   I totally agree with point2make, you are totally responsible for all your own actions and their consequences especially when driving.
   
   Every country in the world, well not maybe every country, states as an operator of any vehicle, not just cars, you are required to be able to stop safely in any situation.
   
   I'm not trying to be unfair or unsympathetic and I have been blocked in many times amongst other things but unfortunately we are not allowed to do the things we would like to do to some inconsiderate vehicle owners.
   
   I have had to take driving very seriously due to my job and illegal parking and especially those who stop in handicapped spaces saying "I'll only be a minute" drive me demented.
   
   Points and fines don't do enough for me. I feel all those inconsiderate vehicle operators should have their vehicles taken from them for a period of time and not be allowed to drive.
   
   Maybe then they would realise driving is a privilege not a right.
   
   Sorry bugbear of mine, rant over,
   MJ.

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7. 66

   Volitansposted 12 years ago

   As others have said, the answer depends on your local laws. In many jurisdictions, you are automatically considered at fault if you strike an inanimate object, which includes an illegally parked car.
   
   If you felt the need for revenge you might be able to get that illegally parked car ticketed or towed, but it wouldn't let you off the hook for striking it to begin with. You would still be liable for any damage you caused to the parked vehicle.

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   1. 0

      Sarra Garrettposted 11 years agoin reply to this

      It doesn't have anything to do with the law, it all has to do with the insurance claim.  Even though the ov was illegally parked the iv is at fault for improper backing

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8. 37

   Lightshareposted 12 years ago

   I think both drivers are responsible bkz a good driver should be the most vigilant person

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9. 61

   fpherj48posted 12 years ago

   According to the law as well as your insurance company....you would share fault for this mishap.  The driver of the parked car...should not have parked there....but you would have been responsible to look...see it and not back into it.

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10. 60

    sheabechtoldposted 11 years ago

    There are different regulations and laws for each state. However, in the event someone hits a parked vehicle the driver is at fault. Why do you ask? This is because the driver failed to be in control of the vehicle and is at fault for a moving vehicle violation. The parked car however, is only at fault for a parking violation. In some instances insurance companies will find that the parked car was in a violation and will refuse to pay one hundred percent of the damages. This also varies, there are many different scenarios and if you are more curious you can always contact your local license branch, police department or insurance company for more information.

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11. 61

    Johnny2Ballsposted 11 years ago

    If they're right behind your vehicle and you don't see them, then I would recommend using your mirrors, and turning your head :-P
    
    Try think of it this way: If someone walks behind you while you're backing out and you knock them down, would you be responsible? They, much like an illegally parked car might be in a strange location at the time, but from all accounts that I have ever heard, the answer is yes.
    
    It might be hilarious at the time, but it doesn't change the fact that you're losing your No Claims Bonus.

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12. 60

    Annemariposted 11 years ago

    It is the illegally parked car's fault,it is not any other car's fault ofcourse.

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    1. 61

       Johnny2Ballsposted 11 years agoin reply to this

       Is that based on opinion, or law? I ask, because that's the opposite of the law in most places (I can't think of anywhere it isn't, but I'm assuming there's a place). Where did you get your info?

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13. 68

    Tusitala Tomposted 11 years ago

    Yes, this has happened to me.  Being boxed in very tightly in car park and finding it extremely difficult to manouvre my way out I dinted a car.  I just drove off, for I was so angry as to the inconsiderate way I'd been boxed in.   I was tracked, located and, paid up for the damanges.   
    
    Best I ever heard was a woman who's driveway was blocked by a parked car.  She went inside, came out with a sledge hammer and set to to demolishing the offending vehicle.  She was charge, of course, and got off with a fine.  But I'll bet that fella never blocked a driveway again.

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14. 79

    Li Galoposted 11 years ago

    This happened to me one time when I lived in San Diego.  A car double parked in the street, no less, and blocked me into a driveway... Well, I was with some friends (all big guys).  They simply got out of my car and SHOVED the offender's car out of the way... I can still claim innocence as I did not participate but we all had a good chuckle over it as I drove away!  I bet that driver was surprised to find their car somewhere else when they returned, Lol!
    
    Lesson:
    (a) don't double park in front of a driveway - in the street (!) and (b) if you do something that dumb, roll up your windows and lock your car (my friend reached right in the open window without opening the door and put the stick in neutral)
    
    Now, that I'm no longer 20 years old with guy friends from the football team, I don't think that's a good idea.  God knows with our sue happy society, the double parker could sue over a scratch these days...
    
    If it happened again to me, I'd just call the police and a tow truck. The police are for the ticket and the tow truck is to haul it away... simple solution of non-violence but meeting stupidity with an education in the law...

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15. 79

    Howard S.posted 11 years ago

    I have two amusing anecdotes to add, though they do not speak to the legal issue, which has been sufficiently covered.
    
    When I worked in a downtown building with a small parking lot, people visiting the law office upstairs would frequently park at right angles behind a couple of cars in parking spaces. One day, George came out after work, jumped into his old pickup, and proceeded back and forth until he had rammed a fancy offender out of the way. He was fortunate not to have been caught, but who can blame him!
    
    When we lived in Indonesia, the police were quite heavy-handed. One day, my expat friends drove to the beach and parked at the edge of the road, half-on-half-off, since there was no parking lot. The police came along in their jeep and intentionally side-swiped my friends' vehicle. Since police were never wrong in that country, the expats were forced to pay.

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16. 0

    Sarra Garrettposted 11 years ago

    Yes you are for improper backing.  As a retired insurance adjuster parking lot accidents are the worst.  It doesn't matter if the other car parked illegally, you should have seen it so your insurance will have to cover the damages. 
    
    Sorry, that's the way the cookie crumbles.  I know it's not fair and the other guy should be 'dinged' 1/2 of his damages from recovery, but when your adjuster fights with his adjuster it still comes down to improper backing. 
    
    Was there a 'no parking' sign where this person parked?  If there was and you got a picture there would be a better chance of only having to pay 50% of the damages.  Let the adjusters duke it out and don't talk to the claimant.

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