Friday, 2 December 2011
Owners Of Parked Cars May Be Liable For Insurance Claims
It might come as a surprise to many drivers to learn they can be held accountable for an accident even if their car is parked. According to the law, the car can still be liable for causing an accident even if it’s parked with nobody in it. However, it depends on the situation and local laws.
For instance, if a car is parked illegally and is blocking an exit or driving lane it can be held liable. However, if you happen to nick a car in a parking lot that was parked legally, you’re at fault for the collision. Basically, if the parked car is a hazard then it can be held accountable, but if it’s just parked inconveniently then it’s typically the driver’s fault.
If a car is parked illegally, but isn’t creating a safety hazard the owner will likely receive a citation for parking illegally, but it’s up to other drivers to navigate around the vehicle since it’s considered to be just an inconvenience. If you’re driving and can see the car parked ahead of you then it’s your responsibility to avoid it.
However, if an auto is parked illegally and you can’t see it until it’s too late or it’s creating a safety hazard then the insurance company of the parked car could be on the hook for some or all of any damages that occur. This is especially true on highways where there are narrow shoulders and drivers might not have a chance to avoid a collision due to moving traffic in the other lanes.
There are many different scenarios though and all of the facts will be taken into consideration by insurance companies, but it’s always worth calling your insurance carrier to find out who’s at fault. Another example would be parking in an illegal spot on a road and blocking the view of cars parked behind it. If one of the vehicles behind the parked car has to pull out to see and is involved in an accident it could be blamed on the parked car.
According to an article by foxbusiness.com, if you’re involved in a collision and feel a parked car caused it, try to get a police report as well as information from any witnesses. You could also take photos of the accident scene for more proof. If you hit a parked car and you’re at fault then your policy should pay for the damage of the other vehicle under the liability coverage. If your vehicle is parked legally and damaged, you would need to have collision coverage to repair the damage if the other driver takes off and hasn’t left you with any of their insurance details.
