Legal Question in Personal Injury in California
Am I at fault because he was parked illegaly?
My car was legally parked in my company's parking lot.
I parked the car with the front of it into the parking spot. When I backed out with the car later that day, I put my gear into reverse, slowly drove backwards, looked left and right in order not hit the other cars to my left and rigth and then all of the suden, I hit the car behind me, which was illegally parked in a fire zone. I did not even see that car. It was not driving and now I founf out that it is all my fault. My insurance won't pay for me and I'll have to pretty much pay the entire amount. He will get a new bumper because he parked illegally. There was no way that I could have gotten out with him being parked there. Am I really at fault 100% or is there any partial negligence on his part. I fear for my insurance premium to go up and would like for the insurance to pay my repairs in full. Please help!!!
1 Answer from Attorneys
Re: Am I at fault because he was parked illegaly?
When you drive you are supposed to look where you are going. If there is a car parked in your way and you don't see it, it's your fault. Yes, the other driver was wrong to park there, but that doesn't give you the right to hit his car and you should never assume that your car will avoid a collision simply because no one is supposed to be where you want to go. By that logic you would be permitted to hit pedestrians who were jaywalking.
Sorry, but I agree with the insurance company on this one.
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