I was backing out of my driveway and I hit a car that was parked across the street from my house in front of a fire hydrant. I did look behind me when I was backing out but it was super dark outside, no street lights and the car was black so even when I looked I could not see the car parked there. Is it still my fault? He should have never parked in front of the fire hydrant.
Now the owner of that car filed a claim against may insurance, does my insurance has to pay on that claim? Is it my fault, his or both? And if it is both, who pays, my or his insurance?
Even though he was illegally parked, you may not negligently operate your vehicle in hitting him. There may be some mitigation in reducing the damages, but you are responsible.
Agree with Mr. Levy - even though the other driver was illegally parked, it doesn't absolve you from operating a vehicle negligently (not trying to be harsh but that is what you are going to be told) I understand the frustration - the car should not have been there. I am sure your insurance company will see if there is a way to fight the claim. It is in their best interest to NOT pay the other party unless legally required to do so.
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