Question about an accident
 

Sup ya'll
Arite here's a scenario (and no this didnt happen to me, my baby is fine lol):

A girl parked her car in an allyway behind some condos in front of her friend's garage. While she was inside, someone backed up into her parked car. She heard the alarm go off and came out and the guy admitted fault at the scene, but is now calling and telling her it was her fault- apparently there is a "No Parking" sign in the alley where she (and that guy) were parked :suicide:.

So, in such a situation, is there any justification for proving that the guy is at fault? Does the "no parking" sign automatically make it her fault, even tho the guy was parked there too and backed up into her?

let me know if your thoughts, thanks!

99% of the time, if you hit an unmoving object... it's your fault. It should work out. I'm not the resident expert though, wait for Alexis.

It's his fault. First of all the no parking sign was most likely on private property, ergo the sign has no legal precedent. Second of all, illegally parked or not, she is not somehow automatically at fault for whatever might happen to her car.

If some kid were stealing cracker jacks, and I shoot him in the face, am I no longer guilty of murder because he was doing something illegal? The fact remians, this dude hit a parked car, wherever the hell it was. It was his fault, the burden is on him if he is the one operating the vehicle.

The no parking sign in the alley is still legal, you can get ticketed for it because a car parked there is a fire hazard...or not?

Anyway, your cracker jack analogy is badass, thanks for the feedback guys.

Alright here you go for all you peeps that would like a clear cut answer.

Your fact of loss (FOL) are as follows for your friend:

Insured vehicle (IV) was parked and unoccupied (p&u) when claimant vehicle (CV) backed up into IV.

Liability: 100% on claimant vehicle for backing in to a parked car.

To Do:

Have your friend turn the claim into her insurance carrier and let them duke it out but no, she is not liable. We here at "X insurance" always tell those who want to fight with us about a car parked in a spot where it shouldn't be we would say "well if a child was standing there you hit it?" It shuts them up real quickly.

I don't forsee any problems with her claim. If she has insurance (collision) on her vehicle she can repair her car with her policy minus her deductible. When liability has been accepted by the claimant carrier most times the insurred (your friends insurance) will waive the deductible or she can go with the claimant carrier for repairs.

One thing to watch out for....I have seen some ding dong insurance companies put 10% on the parked car for being parked in a red zone. If that should happen she will be liable for 10% of her deductibe and then if she has a smart insurance company it will go to inner company arbitration (insurance court system) to fight for her 10% back.

Please PM if you have any more detailed questions. Hehe, I might forget to check back.

Also, if anyone has any insurance claims questions...I'm your gal. I'm sit'n here work'n away on all my claims.

That's brutal... I love it.

sweet thanks and happy bday again!