It sounds like he parked irrationally so you should be OK !
2006-08-07 09:31:15
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answer #1
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answered by dontdoweekends 5
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The laws of the state where this happened are important. However, if he was already there, and you caused this damage, you owe it (or your insurance company owes it). That's the harsh reality. The negligence isn't how he parked, even though it's stupid to do that. If a car is there to be seen, you have to do whatever is necessary to avoid striking it, opening the door into it, etc. The other guy would prevail if he took action because he was not operating the vehicle and probably would not be found negligent for damage done to his vehicle. There are a lot of cars out there that park illegally, but if they get hit, the illegal parking is not a defense to liability. Same thing here. Sad, but true.
2006-08-09 13:18:24
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answer #2
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answered by Chris 5
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Cars are usually parked at the owners risk in private car parks. His insurance company or yours may not even want to know about it when not on a public place.
Sounds like a 50/50 to me regarding the damage seeing as he was not properly parked yet you caused the scratch.
I would suggest negotiating 50/50 with him. Even if your insurance company holds cover it will effect your NCB if you persue it through them. If they judge 50/50 then both your NCB's will be lost if you counter claim. Use this to negotiate and get the cost of the damage assessed independant of the insurers.
Then split the cost evenly. Its the reasonable thing to do and you both keep your NCB intact.
2006-08-07 12:52:21
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answer #3
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answered by Freefall 2
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No matter how he parked, you are responsible for having control over your car. Otherwise you could hit any car that's over the line and not be responsible. Then I could smash into people that are in a no parking zone.
2006-08-07 09:33:46
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answer #4
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answered by mustangamer 3
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Not sure if being parked in a private works car park might affect insurance claim.... might be worth looking into
2006-08-07 09:38:38
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answer #5
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answered by Anonymous
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If he parked in two bays that doesn't give you the excuse to mark his car. Couldn't you have been a bit more careful!?!
It might have been careless of him parking like that but it was more careless of you to do what you done.
2006-08-07 09:34:13
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answer #6
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answered by Anonymous
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unfortunatly you will need to pay yourself or through your insurance although he was over the line you will still be held responsible in the eyes of his insurance company although your insurance company may contest this due to the fact that he was outwith the parking lines they may fight for equal blame meaning your insurance will pay for your car and his will pay for his car some insurance companies will not pay for damages done in a private car park as they deem your insurance void on private property you need to read the small print of your insurance shedule some work places that operate private car parks also have a terms of use policy for there car parks and may contain details stating insurance cover is void while in there car parks parking at owners own risk worth checking out if i were you if nothing in the carpark terms of use detail insurance cover then im affraid you will need to fight it out with the insurance companies if he is stating you to blame then you need to contact your insurance company and give them as much details as possible eg measurements of parking bays where he and you were parked details of any damage pictures if possible so they can be prepared when his insurance company contacts them to enable them to build a defence and possible fight for equal blame good luck
2006-08-07 11:24:57
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answer #7
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answered by andrew g 2
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in deep doo-doo.
Yes he parked in two bays, but you probably knew that before you left your mark.
But I wish you good luck - insurance claims are such a drag - even for the claimant.
2006-08-07 09:32:42
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answer #8
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answered by Neil_R 3
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just give him a bottle of polish and a pair of huge jam jar glasses and tell him to watch where he parks next time
2006-08-07 10:10:42
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answer #9
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answered by highlandmale 1
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It's the both of your fault Tell him you will go half with the repair?? that sounds good to me???
2006-08-07 09:32:56
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answer #10
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answered by Anonymous
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