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  1. #1

    Default Struck Illegally Parked Car While Avoiding an Accident with Another Car

    This occurred in California
    So this morning as I was leaving my husband’s work, a truck towing three other trucks entered the parking lot and being a truck carrying such a large load they took the turn very wide and wound up taking up the vast majority of the entryway, effectively cutting me off. I waited for them to go by, but after it was clear they could not continue moving forward without hitting my car they stopped and waited for me to go. I attempted to navigate the small space to clear enough room for the truck, but wound up clipping the bumper of an illegally parked car. I had my husband find the ‘owner’ (since they were coworkers) and give them my insurance, but as it was their friend’s car they did not provide me with any information.
    My car had very minimal damage, but of course they had a Audi with a custom paint job that will be rather expensive to fix. I have pictures of their damage, them being parked illegally, and am working to get the parking lot video of the truck entering the lot and cutting me off.
    What’s my liability here? I work for a freelance delivery service and am really worried that I’m going to lose my position if found at fault.

  2. #2
    Join Date
    Oct 2016
    Posts
    3,240

    Default Re: Struck Illegally Parked Car While Avoiding an Accident with Another Car

    You likely are at fault.

    How was the Audi "illegally parked".

  3. #3
    Join Date
    Jul 2018
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    1,666

    Default Re: Struck Illegally Parked Car While Avoiding an Accident with Another Car

    Quote Quoting LearningExperience
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    I work for a freelance delivery service and am really worried that I’m going to lose my position if found at fault.
    You mentioned this happened while you were "leaving [your] husband's work." Why were you at your husband's work? Were you just visiting him? Or were you in the course and scope of your own work? If the latter, do you have commercial auto liability coverage or just normal personal auto liability coverage?

    As for your question, that a car is illegally parked doesn't impact the responsibility of a driver to avoid it. Since you apparently couldn't make your maneuver safely, it was incumbent on you not to make that maneuver.

  4. #4

    Default Re: Struck Illegally Parked Car While Avoiding an Accident with Another Car

    That stinks, but I appreciate the information.
    It was parked by a curb that isn’t a parking spot. It was next to parking spots, where it was there were no “lines” to indicate you could park there.

    Quote Quoting pg1067
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    You mentioned this happened while you were "leaving [your] husband's work." Why were you at your husband's work? Were you just visiting him? Or were you in the course and scope of your own work? If the latter, do you have commercial auto liability coverage or just normal personal auto liability coverage?

    As for your question, that a car is illegally parked doesn't impact the responsibility of a driver to avoid it. Since you apparently couldn't make your maneuver safely, it was incumbent on you not to make that maneuver.
    We own one car, I was dropping him off. No it is not a commercial car, and I have normal person car insurance.
    Thank you for your response, better to be prepared than not.

  5. #5
    Join Date
    Mar 2013
    Posts
    17,155

    Default Re: Struck Illegally Parked Car While Avoiding an Accident with Another Car

    Quote Quoting LearningExperience
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    I have normal person car insurance.
    Do you use your car for the delivery service without your insurance company knowing about it?

  6. #6
    Join Date
    Jul 2018
    Posts
    1,666

    Default Re: Struck Illegally Parked Car While Avoiding an Accident with Another Car

    Quote Quoting LearningExperience
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    It was parked by a curb that isn’t a parking spot. It was next to parking spots, where it was there were no “lines” to indicate you could park there.
    That doesn't necessarily mean illegally parked - especially if it's in a private parking lot.


    Quote Quoting LearningExperience
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    I was dropping him off. No it is not a commercial car, and I have normal person car insurance.
    Then all you need do is report this to your "normal person car insurance" carrier and let the process play out. For your future reference, if you are working as "a freelance delivery" driver and cause an accident, your "normal person car insurance" may not provide coverage.

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