This is a common site on many streets, seeing a illegally parked car, sometimes blocking a driveway or blocking part of the street. What would happen if I hit this car? Would I be at fault since I hit them, or would they be at fault since they were illegally parked?|
The answer to this question is surprisingly straight forward. If you hit a car parked illegally, it is your fault. You will be fully liable for the damages, to their car as well as to your own car.
The reasoning behind this is that you are responsible when driving your car for your surroundings and environment. Since the car is parked and not moving, it is part of the environment regardless if it is parked illegally! You would be negligent by not being aware of your surroundings and would be therefore found liable.
In this case the car would be treated the same then if it were a tree, garbage can, shopping cart or other object that may have fallen onto the street. As long is the car is stationary, with nobody inside, then you are going to be responsible for all damages. The owner of the illegally parked car may receive a parking ticket or other parking violation, but you will still be on the hook for the damages.
If you just have liability insurance, the property damage portion of your insurance will cover damages to the car that is illegally parked. To repair the damages that your car sustains, you will need to claim on your comprehensive or collision portion of your auto insurance, if you have those coverages on your policy. If you do not have those coverages, then you will have you will have to pay for the damages out of pocket. For information on getting comprehensive or collision coverage or to simply get information on changing your amount of liability insurance or want to simply change insurance companies, get a free online quote.