It depends on the exact circumstances. They could assign partial liability to both. What did the police report say? Let your insurance company battle it out. Part of their job is to defend you if there is an accident,
If I were on an arbitration panel, and these are the simple facts, I would have to place the blame on you. While I can understand your aggravation that they were partially parked in front of your driveway, you had the responsibility to look before you backed out. I have actually had something similar to this happen to me, only the person was on the other side of the road. Since it is a small neighborhood road, I backed right into their car. While I was annoyed at them for parking where they did, I took the blame and submitted it to my insurance carrier. You should submit it to your carrier and let them decide what they think based on the facts.
I will evaluate your case for free. I can also refer you to an attorney to help you if I cannot help you.
Joyce J. Sweinberg, Esquire
Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.
A driverless, passengerless, non-moving, inanimate (as opposed to Knight Rider's Kitt) parked car is almost never at fault for getting itself involved in a car accident. Of course, there are exceptions... but one's own insurance company would be the first place to go with the incident. If any issues or problems arise, the next step is to hire a lawyer.
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
Paul J. Molinaro, M.D., J.D. ... Attorney at Law, Physician, Broker... Fransen & Molinaro, LLP... 980 Montecito Drive, Suite 206... Corona, CA 92879... (951)520-9684... www.fransenandmolinaro.com / www.888MDJDLAW.com... "When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW." ... * This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy... ** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
You are at fault for hitting a parked car. He is at fault for a ticket for illegally blocking a driveway. Best outcome, submit the claim to your insurance company.
This answer is provided by California Accident Attorney Manuel A. Juarez, Esq., Abogado de Accidentes de Autos de California: 510-206-4492. Abogado de Lesiones de Accidentes de Autos, provides answers of a general context. These answers are not intended to form an attorney client relationship. Oakland Abogado Accidentes Autos, Abogado de Lesiones Personales, Abogado de Accidentes de carros, Abogado de accidentes de Peatones, practices in Antioch, Berkeley, Concord, Oakland, Hayward, Martinez, Newark, Richmond, San Francisco and San Rafael. El abogado de lesiones y heridos en accidentes de autos, is licensed only in California. This information is good only in California and it is not to be taken as legal advice on car accidents, personal injury, divorce, bankruptcy or in any other type of situation.
Esta respuesta es del Abogado de Accidentes de Autos, Abogado de Lesiones Personales, Abogado de Heridos en Accidentes de carros, Manuel A. Juárez, 510-206-4492. Abogado Hispano de Accidentes, Abogado de Divorcios, Abogado Latino de Accidentes, Abogado de Accidentes de Oakland, Hayward, San Francisco, California. Estas respuesta son solo para información general y no consisten en consejo legal sobre divorcios, mantención de esposas, mantención de hijos o bancarrotas. Las respuestas son comentarios legales que no forman una relación de abogado y cliente. Manuel Juarez, Esq., esta licenciado solo en el Estado de California.
I think you have gotten the gist of it. Basically you are asking, if you back out of your driveway and hit a non moving object that was there before you even starting moving, is it your fault. Put that way, I think you can see the right answer. How about if you did not like that it was there and hit it on purpose? Of course, that would be worse. But, an innocent accident is still an accident and you should have seen the vehicle and not hit it. What if it were a child blocking the driveway?