I parked my car in a hurry to use the restroom at the laundromat. As I rushed out of my car, I left my lights on and parked with my passenger-side rear tire on the line (my rear bumper was slightly over the line, but the part of my car that got hit, which was the rear fender, was not over the line). When I got out of the restroom, the owner of the vehicle that hit me argued that I was at fault for illegally parking.
Is there such a thing as "illegally parking in a private lot and would I be at fault even if he had the last clear chance to avoid the accident?
The issue is not whether one has parked “illegally”. The issue is why didn’t the other driver look to see if it was clear when she started backing out. Even if you were parked less than perfectly in the parking stall, the driver backing out should have taken care to avoid the impact. There may be more facts to this situation than you have posted here, but from information provided the other driver bears at least some part of the fault
Best thing to do is turn it over to your insurance to investigate and respond to the other driver.
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The other person is at fault. He ran into a parked car. There is no rule or law that allows people to run into cars that are parked over the line. I wish. Pet peeve.
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The other driver is at fault. This is like a driver who hits a pedestrian whose right foot is outside of the crosswalk, then blames the pedestrian. I hope you got the other driver's insurance information. Make a claim and let the insurance companies work it out.
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Generally, a driver has no defense to hitting a stationary object. Even if you were slightly over the line, that does not give the other driver carte blanche to smack into your vehicle.
Did you report the accident to the police? Did you get the other driver's information (name, address, drivers license number, registration and license plate, and insurance information)? If not, then you will not be able to make a claim with his insurance company and will have to use your own collision coverage and pay your deductible. If you did, report the accident to both your insurance company and the other driver's insurance company and see what happens.
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