A truck parked in a no parking spot ignoring the no parking sign age . As I backed out realized I was net going to make it but was unable to stop before making contact , which was minor . My bumper was pushed bent and dented his door panel . Very minor damage and can be popped out from the inside . My insurance is paying claiming I'm at fault . There's no vehicle code that says I'm at fault . Does this other driver , who knowingly parked illegally , bear any responsibility for the collision by parking illegally ? Or can people park however they want and damn the consequences ?
Unfortunately, you probably still have some liability, but if you have auto insurance, which is required by law in California, let your insurance company deal with it, although you will be responsible for any deductable? If the damage to the truck is not too great, try making a deal with the other driver, 50/50 as he was parked illegally and but for that, the accident would not have occurred. That way you can avoid any increased premium or the risk your carrier will drop you for having a claim?
The consequence would be a parking ticket. Other potential consequences depend upon the facts. So if the truck parked illegally and as a result a person exiting the store wouldnt be seen by a driver coming across the pkg lot, and the person gets hit, the truck could be sued as part of the cause. If you were backing up, and suddenly the trusk pulled in behind you in a spot it shouldnt be parking in, the truck could be at fault.
Based on your posting, it appears you are completely at fault. You are not supposed to hit fixed objects, regardless of their location. Let your insurance company resolve this matter for you.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
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