Car hit but illegally parked?

Question

If a car that is illegally parked is hit by another car ,, whos fault is it?

Answer 1

The person who hit the parked car is almost always at fault.  Frankly, I don't believe the story about New York and the semi trucks

Answer 2

There are cases, most notably in New York City, where cars are illegally parked, and a tractor-trailer cannot make the turn out of an alley or side street without hitting the car.  When the police arrive, they instruct the driver of the truck to hit the car, or they will be ticketed for obstructing traffic.  The police then ticket the illegally (and now wrecked) parked car.

Answer 3

somebody failed to have their vehicle under control.

emergeny vehicle or police hope you were not the one who hit it.

Answer 4

If you hit a parked car, it doesn't matter whether it was illegally parked or not.

If you are the parked car, and are hit by the emergency vehicle, it could possibly be totally your fault if the vehicle was, indeed, on an emergency call, and the illegal parking was done in the emergency lane needed to access the emergency.

Case in point:  Fire lane in front of apartment complex.  There is a fire, and you car is blocking access.  It is possible the fire truck just rams your car out of the way.  You could end up with no insurance coverage, and a bill for damage to the fire truck, depending on local law.

Case in point:  All meters on street are full, so you park in front of the hydrant.  There is a fire, truck arrives to find hydrant blocked.  They smash your windows and run the hoses through your car.  Your fault your car is damaged.

However, if your illegally parked vehicle is hit by a police car or whatever that is not on a call, you can claim on the insurance for the applicable city.

Answer 5

It's the person that hit the car.  No doubt about it.

One has to look out for dangers.  You can not run into someone because they are just sitting there, or because they did not move fast enough or you did not see them.   If you hit someone even illegally parked it is your fault.

But it can vary by state.

Answer 6

In most cases the the driver of the car who hit the parked is at fault.  You're not supposed to hit things with your car, period.  The interesting example above regarding NYC would be one of the few exceptions.