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Here's the situation. I was pulling out of the main center on my college campus. I back into a red Monte Carlo, putting a dent in his door and taking some of his paint off. My bumper popped out on the driver side and some scratches (I'm getting a custom paint job at the end of the month anyway so no big deal) I wait for the owner (but considered driving off) and he finally comes and calls the cops. Turns out he was parked illegally on a yellow painted curb and couldn't find any insurance on him(he swore it was at his apartment and he'd just switched billfolds). The question is whose fault was it? Mine for hitting his car. . .or his for being parked illegally? The police report won't be ready for three more days. Should I take it to court cause I really don't want my insurance going up. Can my insurance company refuse to fix his car because he was doing something illegal at the time of the wreck?? I live in KY if that helps.

 
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.Who is at fault when someone backs into an illegally parked car?

My neighbor backed into my car last Sunday. I was parked illegally between two no parking signs because someone was parked in my stall. I was not blocking anyone's way. My neighbor backed right into my drivers side door. She says she will only pay half of the cost because it was half my fault for being parked illegally. I wasn't even in the car! What should I do?


Answer by Craig Walenta (cwalenta9@ThisisToPreventSpam-HVM-RemoveThis.aol.com) contributed on September 24, 2004, at 7:15pm. Last updated on September 27, 2004, at 12:34pm.
The driver is responsible for the full damages. Your car is motionless. A prudent driver driving reasonably should look into a rear view mirror before backing up. In this case your illegal parking did NOT contribute to the negligence of the driver.
http://www.faqfarm.com/Insurance/Auto/Accident/8917
That sucks I might ad, but try to fight it.

 
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Ouchness.. . .way to bust my bubble. Thanks though.

 
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Another question though. . .why should they even have illegal parking spaces if it'll be someone else's fault if they hit you?? WTF?

 
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cuz they dont want people parking in that area...... duh....

 
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It mostly comes down to Emergency, fire, rescue and police. Most likely the illegally parked car should get a ticket regardless. by calling the police, he screwed both of you, you for the accident and him for getting a ticket. If he didn't call, you would be able to settle it with each other and keep the insurance companys out of it.

 
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Because they don't want wrecks to happen?