Legal Question in Insurance Law in Michigan

I backed into a parked car with a golf cart. The car was parked illeaglly. Who is at fault? The Festival I was working for, the company I directly work for, or me? Does the owner of the car assume any of the liability since it was illegally parked?


Asked on 9/09/10, 12:56 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

It doesn't matter if the car was parked illegally - what if a person was standing there? A driver is still responsible for watching where he's going and operating the vehicle in a safe manner at all times. Simply because the car was parked illegally and perhaps you weren't expecting it to be there, you still should have seen where you were going - again, use the "what if a person was standing there" rule.

Whether you or your company is responsible depends on the terms of your employment agreement, independent contractor agreement, the agreement between your employer, the festival, and/or the property owner, and whether you were operating the cart in the course of your employment. Did your employer turn in any claim to its insurance company?

Whether or not you or your employer's insurance company want to seek reimbursement from the illegally parked car's insurance company is their concern, and that's not your battle to fight.

If someone files a claim and you get a notice in the mail, then turn it into your insurance company and let them take it from there. That's what insurance is for.

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Answered on 9/18/10, 9:03 pm


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