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  1. #1
    Join Date
    Nov 2015
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    1

    Default Hitting an Illegally Parked Car While Backing Up

    My question involves an accident that occurred in the state of: california

    I hit a car when i was backing out from my parking space, it was a no parking zone where he parked, i thought i could fit but unfortunately i didn't, i was in a hurry because i had to pick up my son. It was a truck of a shipping company, that didn't get damaged at all, obviously much stronger than my nissan murano which gotten a scratch from the hit. The other party made a few calls and just decided to move the car already, he took photos, so did i. But we never exchanged information. I am not sure who will be considered at fault, it could be me because i backed out, but what about him being parked there when it is clearly says no parking,,, i i'm confused, My question is, first, who is at fault? Second, can he file a claim against me, even though he doesn't have my info (driver's license and insurance) (he could have taken a picture of my plate. , i will appreciate all your help thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,393

    Default Re: Backed Out on a Illegally Parked Car

    Quote Quoting Stariray
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    My question involves an accident that occurred in the state of: california

    I hit a car when i was backing out from my parking space, it was a no parking zone where he parked, i thought i could fit but unfortunately i didn't, i was in a hurry because i had to pick up my son. It was a truck of a shipping company, that didn't get damaged at all, obviously much stronger than my nissan murano which gotten a scratch from the hit. The other party made a few calls and just decided to move the car already, he took photos, so did i. But we never exchanged information. I am not sure who will be considered at fault, it could be me because i backed out, but what about him being parked there when it is clearly says no parking,,, i i'm confused, My question is, first, who is at fault? Second, can he file a claim against me, even though he doesn't have my info (driver's license and insurance) (he could have taken a picture of my plate. , i will appreciate all your help thanks
    The party moving will be at fault. If you were in motion, and the other party was parked - even if illegally - the fault will lie with you.

    And, yes, the other party or their insurance company CAN make a claim against the registered owner of the vehicle with just a license plate. But, if there truly is no damage, chances are there will be no claim as there will be no damage to repair.
    **********
    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
    Mar 2013
    Posts
    17,217

    Default Re: Hitting an Illegally Parked Car While Backing Up

    Quote Quoting Stariray
    View Post
    who is at fault?
    You.

    You were in a hurry, you misjudged, you hit. That's negligence. The trucker did nothing to participate in your negligence.

    Quote Quoting Stariray
    View Post
    Second, can he file a claim against me, even though he doesn't have my info (driver's license and insurance)
    Yes.

    But with no apparent damage to his truck it's unlikely.

    You'll just have to sweat it out for a while.

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