A car bumps into another, which is illegally parked, half on the pavement. Whose fault is it, for insurance?

Question

A hypothetical question - clearly, being a woman driver, I would statistically have less accidents than a man.

I was wondering about this because of all the cars parked right over the pavement on the road I live on - there certainly isn't more room to pass if you are a pedestrian.

Do these drivers who park on the pavement know where they stand in the case of a prang, is what I'm asking.

Answer 1

Some time ago my daughter, who had just passed her test, skidded on ice and went into a brand new car that was parked illegally, half across the pavement. The repair bill for the parked car was £450. My insurance co. at first said that as it was my daughter's fault I would have to pay the £300 excess (she was under 25). I wrote to them telling them that the car was parked illegally, and did not have to pay. I assume the fault was deemed to be with the owner of the parked car.

Answer 2

As n insurance aessor I would say without hesitaton it is the driver of the car that did the 'bumping'. The fact that the other car may be illegally parked on the pavement is not an issue.The only way a parked vehicle may come into the frame is if it was in a 'dangerous position'. i.e. left in blind spot, just over the brow of hill etc. The parked vehicle here is not to blame.

Answer 3

The vehicle that bumps into another is at fault.

Illegally parked means the vehicle is stationary therefore the moving vehicle is to blame.

The reason that statistically women have less accidents than men is that the percentage of women to men drivers is low.

Answer 4

Absolutely 100% the driver of the vehicle who is moving is at fault. You cant just hit a car b/c its illegally parked. It was there to be seen.

Answer 5

The driver who hit the parked car would be at fault.

Answer 6

The driver of the vehicle in motion would be liable in negligence. Whether they could have a right of action against the owner of the other vehicle as a private nuisance is problematical.

Answer 7

Unfortunately it is the drivers fault. The law generaly states that the driver is to be in control of their vehicle at all times.

Answer 8

The same thing happened to me. I was backing up and somebody had parked their car in the middle of the road. Usually I just looked left and right when backing out and BAM I hit her door! It dented it and I had to pay!!! For somebody else's stupidity!!! Sorry!!

Answer 9

how could the car that is parked and not moving be at fault for another hitting it? Who cares if it was illegally parked - it wsn't moving.

Answer 10

It should be the person who bumped into the back of car.The illegal parking may be a snag I would contact my insurance company & ask them.Good Luck