So we hit their car?

Question

Ok I need your help. What would you do.
My neighbors from across the street park their car on the street ALL THE TIME. They have extra space on their drive way but never park on it. It is always a mission trying to get our cars out of our driveway when their huge SUV with a trailer attached to the back is parked right in the way. We have let this go on for 2 years and never once complained. Last night my boyfriend and I were leaving to go out to dinner and he didn’t see the black Toyota that was parked in the street, and SURPRISE, he hit it. There was a small dent on their car and scratches on ours. Our neighbors called the cops (I assume they thought it was completely our fault by the way they were so quick to act) and long story short the cop showed up and after analyzing the situation told us we were not at fault because in the city we live it is illegal to park your car in the middle of the street. The owner of the illegally parked car still came up to us after the police officer told us we could leave and asked if she should get our insurance info from the police report, (which I assume it is for the purpose of trying to get our insurance to pay for it).
My question is: My boyfriend feels bad, and bless his soul, wants to send the girl a check for $100. I was advised he shouldn’t do this because if he does it would mean he is kind of taking the fault and our insurance policy might even drop us or raise their rates. What do you think? Would you send them cash? Or just let it go and let their insurance pay for it? THANKS!

Answer 1

if the tables were reversed would they give you money? I doubt it. It was their fault - if you give them money you are assuming guilt. Insurance rates are too high as it is -- don't let them try to put a claim through to your insurance as they are always looking for an excuse to raise rates. Don't give them anything!!

Answer 2

Sorry, but regardless of what the cop says, it was your boyfriends fault and his car insurance is going to pay for the damage unless he settles it without reporting the the insurance co.
Many of the answers above are wrong and unfortunately you will see that. Even though your neighbors car was parked illegally, you BF hit a stationary object. The accident is his fault. Yes, the car shouldnt have been there... but that doesnt make the person who parked the car responsible for the impact. If that was the case you could go around ramming illegally parked cars and trying to collect insurance money since it was "their fault"
I would settle it without getting involved with the insurance co.
I would then speak to your neighbor and politely tell them that it is really a hassle when the park in the street. If they continue doing it, call the cops to ticket them. They'll stop soon.
Good luck.

Answer 3

If you strike a parked vehicle, you are generally at fault. If their car was not properly parked, they might get a parking ticket but your B/F is still responsible for the damage. (Different rules apply on high-speed highways but this is standard practice on city streets.)

Ordinary beat cops do not make fault determinations in these cases. A minor incident like this won't be evaluated by the Traffic Safety or Accident Investigation teams. It will be up to the insurance companies to make the call.

You must always provide your details when an accident happens. That includes the name of your insurance carrier and the policy number. Failure to do so is a crimminal offense even if you think you're not at fault.

Report the incident to your insurance company and let them handle it. If the damages are minor and you decide to pay your share out of pocket to protect your insurance rates just let your insurance company know and reimburse them for the costs of the repairs. Most insurance companies will work with you on that.

Answer 4

Do NOT send them any money. Let boyfriend call his insurance company to handle this. You may live in a contributory negligence state, meaning that when there is a collision and both cars are found to be negligent, even by 1%, then the insurance company deny any payment. Clearly your neighbors are negligent to some degree if the officer told them that parking in the street is illegal. The claims adjustors will sort this out.

Answer 5

Everyone is giving good advice so far- let them call your insurance- and let them sort it out. They dont want to pay out money just as much as you dont so they will do a through investigation of liability.

But just to give you a heads up- odds are your boyfriend will be some (if not majority) at fault through insurance eyes- it doesnt matter if a car parks right behind you.. you can't hit something just because its illegally parked.

Answer 6

by law if your boyfriend gives them anything hes admitting fault so not only can his insurance drop him for that but it could cost a lot more than that to repair after everything is done

you should let his insurance company know so that way anything wrong with his vehicle can get fixed and let her insurance be the only one that pays out if its against the law to park on the street then no matter what shes at fault

hope this helps

Answer 7

No - do not send them money, it admits that it was his fault and he could end up paying for more.

If your husband wants to help - offer a referral to a good body shop and a contstuction shop so they can put extra parking space in the driveway.

Answer 8

DO NOT give them anything - that would be accepting fault and the officer already ruled you not at fault. Contact your insurance agent and make them aware of the situation. Let them know that it was ruled as not your fault and that you have no intention of paying damages.

Answer 9

do not get involved with money,let the insurance companyies deal with it,again do not give them any money,get a copy of the police report and send it to your insurance company.

Answer 10

it they were at fault, don't muddle the situation by giving them money. your boyfriend may be of good moral character, but that won't serve you well in a legal dispute. remember what the road to hell is paved with.