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  1. #1
    Join Date
    Mar 2011
    Posts
    1

    Default Got Hit by Someone Parallel Parking, Claims It Was My Fault

    My question involves a traffic accident in the State of: California

    There was a post similar to mine, but from a different perspective and slightly different details. So I'll give it a go:

    This street is a two way street, one "lane" for each direction and there is street parking on both sides of the road. However, being a narrow residential street there is no middle yellow line (so no clear "lane") but two cars can pass each other at low speed. I was driving down the road when a car stopped in front of me to parallel park. I stopped briefly and saw that he was hesitating (Perhaps he thought I was too close?) so I went ahead and started to pass him on the left. As I was about right next to him I see he is turning his steering wheel and about to reverse! I stopped my car and tried to honk but it was too late. He scraped the passenger side door of my car as he reversed. Just a dent on my car but his bumper looked bad. I would have exchanged info and left it at that since my car is junk anyways, but he seems to think it was my fault.

    He is sending me an estimate but I'm about 90% sure it wasn't my fault. Reason being, a) he was backing up, b) he was turning, c) his car was moving when he scraped the side of my car with his front fender.

    But, I do have some doubts. Reasons being, a) I was in the opposing traffic side of the road while passing, and b) I'm not sure if its legal to pass a car that has stopped to parallel park - although people here do that to me all the time when I'm parking, usually honking at me wildly. LA drivers...

    I am new to Los Angeles and am not sure what the law says about these circumstances. Any advise is appreciated. Thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,285

    Default Re: Got Hit by Someone Parallel Parking, Claims It Was My Fault

    Report it to your insurance company and let them handle it. Fault will be determined by the insurance companies, or, if someone sues someone else, by the courts.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Dec 2010
    Location
    Toledo Ohio
    Posts
    166

    Default Re: Got Hit by Someone Parallel Parking, Claims It Was My Fault

    This is just my opinion. I see this a lot in my tiny rural town. I myself hesitate to go but at times, the parker seems to be confused and frozen. So I go hoping I wont have your scenario.

    You were at a full stop and that may exonerate you as his car was traveling. You are usually at fault if you hit a stationary vehicle.

    Not only was his car traveling, he was going in the wrong direction. He was going backwards on the street to oncoming traffic. He should only do that when no cars are nearly approaching.

    You have to call you insurance no matter if its your fault or not.

    Stand your ground; insist you were at a full stop and he going the wrong way. You stopped and was stationary to allow him to finish his maneuver and were be polite by giving way to him.

    I have a feeling this guy had a nice car he feels everyone should bow down too it if he feels its your fault.

    Good luck

  4. #4
    Join Date
    Feb 2010
    Posts
    609

    Default Re: Got Hit by Someone Parallel Parking, Claims It Was My Fault

    If the physical evidence shows that he had to move his car into the SIDE of your, you should amplify that aspect. If you are going forward, or stopped, you cannot move sideways INTO his car.

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