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  1. #1

    Default Who’s at Fault in a Parallel Parking Collision

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

    I was driving down a 4-lane road (2 driving lanes in the direction I was going plus parallel parking spots). I noticed a spot to parallel park in front of me, put on my blinker, and pulled into the spot forwards since it was big enough. I wanted to get closer to the curb, so I put my car in reverse and turned to the right. While I was reversing, a car in the right lane drove by and hit my front left bumper. His car was just scraped but my bumper is more damaged.

    I didn’t call the police, but a witness gave me his name and phone number, and I have the driver’s insurance info. He didn’t take mine, but he has my phone number. He is urging me to resolve it without insurance and essentially offered to split it 50-50. Who is at fault?

  2. #2
    Join Date
    Jul 2018
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    635

    Default Re: Parallel Parking Collision - Who’s at Fault

    Based solely on what you wrote, my guess is that most insurers would determine it was 50/50.

  3. #3
    Join Date
    Sep 2010
    Posts
    18,513

    Default Re: Parallel Parking Collision - Who’s at Fault

    Or they'll both deny responsibility for the other party yielding a stalemate.

  4. #4

    Default Re: Parallel Parking Collision - Who’s at Fault

    In that case is it even worth filing a claim if he already offered to pay half? I would only go through his insurance because I don’t have collision coverage, and he didn’t take down my insurance info.

  5. #5
    Join Date
    Oct 2016
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    1,116

    Default Re: Parallel Parking Collision - Who’s at Fault

    Quote Quoting JustWondering5678
    View Post
    He is urging me to resolve it without insurance
    Of course, because he committed a crime. You can get in trouble as well for not reporting the accident to police if there is a total of at least $500 in damage:

    The operator of a vehicle involved in an accident on a highway in this state resulting
    in injury to or death of any person or in which total property damage of five
    hundred dollars ($500) or more is sustained, and in which an investigation is not
    conducted by a law enforcement officer, shall file a written report of the accident
    with the Department of Kentucky State Police within ten (10) days of the
    occurrence of the accident upon forms provided by the department.


    The ball is in your court.

    Quote Quoting JustWondering5678
    View Post
    While I was reversing, a car in the right lane drove by and hit my front left bumper...
    So just to clarify... the front of your car moved to the left into the lane of traffic?

  6. #6

    Default Re: Parallel Parking Collision - Who’s at Fault

    Yes that’s correct, the front of my car swung out a bit to the left as I was reversing. And it wasn’t a highway, but good to know, thanks.

  7. #7
    Join Date
    Mar 2013
    Posts
    16,206

    Default Re: Parallel Parking Collision - Who’s at Fault

    I have another take on this. He had the right of way and the front of your car swung out in front of his giving him no chance to stop and avoid hitting you. It would be no different than you pulling away from a parking space and being hit by oncoming traffic.

    That makes you 100% at fault.

    If you both agree to the 50/50 split, get estimates, and get the settlement agreement in writing before anybody hands over any money.

  8. #8
    Join Date
    Jan 2006
    Posts
    37,724

    Default Re: Parallel Parking Collision - Who’s at Fault

    I’ve got to agree with jack on this. The op is responsible for yielding right of way to the traffic having valid control of the lane. If the front of ops car extended into the Driving lane and the collision occurred, op failed to yield right of way making it 100% ops fault

  9. #9
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,556

    Default Re: Parallel Parking Collision - Who’s at Fault

    OP, a highway is any roadway, so legally speaking, you were on a highway.

    You were backing while the front end of your vehicle swung into a traffic lane, I have to agree with Jack and JK, OP is 100% at fault.
    I'm not a lawyer, but I did stay at a Holiday Inn Express last night.......

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