A question about parking, collisions, and liability....

Question

I wonder if anyone can shed any light on a little problem I've recently developed...

Someone's run into my car. Which would normally be quite cut and dry, but in this case, I was parked a little way onto a 'Keep Clear' notice. Very silly, I know. The girl in question pulled out of a car park, turned right, and scraped the back right of my car whilst attempting to get around it.

The question is, really - who's to blame? Granted, I probably should have pulled forward a little further - but then, if someone felt I was causing too much of an obstruction, I would have thought they might call someone to get the car moved, rather than simply driving into it.

If anyone knows for sure whether she has to fix my car, I have to fix hers, or we both fix our own - it'd be nice to know...

Thanks :)

Answer 1

The answer is simple. Even if you parked directly across the exit to the car park and she rammed your car she would be liable.

You admit that you could have parked better but this is immaterial, if you can't get through the hole you do not try to. She did and failed she is liable. I don't see if she can claim contributory negligence, your car was there for all to see      

Answer 2

its abit of both really. u should have made sure u were parked properly, she should have been a little more careful. i suggest u both pay 4 ur own repairs cos as u were parked incorrectly u may end up sortin both

Answer 3

I would say that it is her fault because you were parked no matter what for you being in a keep clear notice. So she would be reliable for the damages to your vehicle. Did you file a police report and talk to your insurance provider?  My advice to you don't park in the  keep clear anymore because it may not help you if you ever run into this problem again. You don't want servere damages done to your car. Good Luck!

Answer 4

Whether your double parked, parked illegally or parked upside down and sideways...she still has a responsibility to avoid obstruction.  If she had any question that she may not make the turn safely, she shouldn't have tried. You may carry a small percentage, yet she's is primarily at fault.

Answer 5

If you were obstructing the exit - even a little bit - you're liable.  I recommend you settle up quickly because if the police find out, you'll get fined as well.

Answer 6

Women cant drive!!!!

Im joking im not a stereotypist.

I suggest you each pay your own and forget about it.

Answer 7

You are both at fault in different ways.  It is your fault you parked incorrectly and her fault she crashed into your car.  Just because you were incorrectly parked does not give her the right to damage your car.

You did not say what country you are in but in the UK drivers are required by law to always drive at a speed at which they can stop within the distance they can see.  This means it is always the drivers fault if he or she crashes into a stationary object.