We own a lawn business and was parked on the road a car see's us but adjusts his radio and slams into us. The police say it is our fault we were parked on the road. Insurance says its his fault. His insurance won't pay. Who is to blame?
2006-08-03 11:45:34 · 8 answers · asked by Bears#1 2 in Cars & Transportation ➔ Other - Cars & Transportation
We own a lawn business. As we were mowing a property our trailor and truck were legally parked in front of the house on the road. A teenager hit our trailor. The kid who hit us even admitted to seeing our trailor. Our insurance company says it his fault. Obviously his insurance says it's our fault we shouldn't have been legally parked on the road. We now have $3-5,000 worth of damages. We do have witness. What do we do?
2006-08-03 12:04:53 · update #1
Unless your state has some odd laws the other vehicle is at fault. Vehicles that are parked legally or illegally are not held liable(at least in NY) by the courts.
2006-08-03 11:54:55 · answer #1 · answered by Final Answer 3 · 3⤊ 1⤋
It's the other guy's fault. Particularly if he rear-ended you--in that case it wouldn't matter if you were parked or moving. Ask a different cop and some other insurance co's to confirm. Did you take pictures of the event or do you have any witnesses? Does the other guy dispute the exact details or is he just counting on the cop's opinion? If you both agree on the story and he simply hit you then you're totally in the clear.
2006-08-03 18:54:02 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Sounds like it may be a wash to me. If you were illegally parked in the roadway and he wasn't paying attention, I would say each of your insurance companies should pay for their clients own vehicles. Bottom line though, if you filed a claim with your insurance, that makes them responsible for paying your claim. If they want to get it back from the other company, that's their problem. Don't let then weasel out on their responsibility.
2006-08-03 18:54:48 · answer #3 · answered by Dale P 6 · 0⤊ 0⤋
You're not at fault for parking on the road. The guy sees you, but, he failed to pay attention to what he was doing and got side tracked when he decided to adjusts his radio. That's a strict violation. Get a lawyer, take him to court so he can pay for your damages
2006-08-03 19:01:12 · answer #4 · answered by tantathalas 1 · 0⤊ 0⤋
If you were in violation of law (parked illegally), then it is definitely your fault, regardless of the actions of the other driver. He could get a ticket (for fail to pay full time/attention to driving, eg), but you can still be held at fault if you parked illegally.
2006-08-03 18:50:36 · answer #5 · answered by Hey Joe! 2 · 0⤊ 0⤋
Technically if you were parked legally then he is to blame. If you were parked illegally than it is your fault. Let your insurance company go to bat for you - thats what you pay them for!
2006-08-03 18:48:57 · answer #6 · answered by offmgradc 2 · 0⤊ 0⤋
if your car was parked legaly it automatcially his because u were parked
2006-08-03 19:50:29 · answer #7 · answered by hillbilly271 3 · 0⤊ 0⤋
he is at fault .you were paked and if he was watching were he was going hed never have hit you . take him to court .///////// good luck..........lonewolf
2006-08-03 18:50:07 · answer #8 · answered by lonewolf 2 · 0⤊ 0⤋