Comparative negligence and a parked car.

Asked almost 7 years ago - Laguna Beach, CA

I was driving a moving truck and as I pulled into my driveway, I braised the front end of a car. The car was parked in the red zone and partially obstructing the entrance to my driveway. Can I argue compartive negligence with the insurance company and/or court? When I spoke to the plaintiffs insurance company, they told me that comparative negligence couldn't be used where a parked car was involved. thanks

Attorney answers (2)

  1. 3

    Lawyers agree


    Answered . Have you spoken to your insurance company or do you have an attorney. You cannot rely on any advice you receive from the opposing side. That is sort of like the fox guarding the hen house. From what you described, it does sound like the other side could be at fault partially.

  2. 3

    Lawyers agree

    Answered . The plaintiff's insurance company represents the plaintiff, not you. I agree with the previous lawyer--you need to speak to your own carrier or to your own lawyer to determine your rights.

Related Topics

Comparative negligence and personal injury

Comparative negligence assigns liability for an injury or accident based on percentages of blame, instead of assigning one person or party full responsibility.

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