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Hit car parked illegally

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  • Hit car parked illegally

    Hello,

    When backing out of my parking space at my apartment complex (in San Diego, CA), I hit a car parked illegally in the fire lane (with a clear sign saying no parking). It is a tight fit pulling out of my spot due to a post from the carport, and the other car's illegal parking location contributed to the accident. Both of our cars received some minor cosmetic damage (dent on their car).

    After waiting 10-15 minutes for the other car owner (and they not returning to car), I left a note explaining what happened and leaving my first name and phone #. I mentioned I had a photo of their car parked there illegally, and I suggested a company that can fix the minor dent for $100-200, hoping that they would just deal with it since it was partially their fault in my mind.

    Their insurance company left me a voicemail today (the day after), mentioning that the car owner has issued a claim. They do not appear to have my insurance information (or my last name), although the car owner perhaps could hunt down who I am since I believe they are a neighbor (I've seen their car again since the incident).

    Although I guess my insurance company could fully cover this as liability coverage, I think my premiums would go up after this, especially since the owner of the Lexus SUV might claim $500-1000 in repair costs, even though a local dent fixer company can swing by and even out the dent (there were no apparent scratches) for $200-300 (I got a quote).

    This is a frustrating situation, especially since I've had my car scratched up or dinged by others at no fault of my own in the past, and I've been stuck with the cost of the local dent company or living with a scuffed car.

    Any advice about dealing with this situation while minimizing the financial hit? What might happen if I just ignore their insurance company? Any chance their insurance company might just pay out the claim and drop it? (they don't have my full name or insurance information, just my phone #)

    Thanks!

  • #2
    Google says: http://answers.yahoo.com/question/in...5121252AAAwYw3

    If they're right (and I have no idea if they are or not), then you are at fault.

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    • #3
      Tort laws pretty much say that you are at fault. Just because the car was parked illegally, it doesn't absolve you from any legal obligation to not hit it.

      If you wander onto your neighbor's property and accidently start cutting his trees down, you still cut them down and are liable.

      If someone illegally parks in your driveway and you respond by slashing all 4 of their tires, you are still liable.

      One person's illegal act doesn't entitle you to perform another illegal act on them.

      You want to offer to pay for the damage out of pocket and avoid the insurance companies all together.
      Brian

      Comment


      • #4
        Originally posted by bjl584 View Post
        Just because the car was parked illegally, it doesn't absolve you from any legal obligation to not hit it.
        Exactly. It doesn't matter where they were parked. It doesn't give you the right to hit it and not be held liable.

        Since a claim has been filed, it might be too late to negotiate but I'd try speaking to the owner and trying to settle with them directly.
        Steve

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        • #5
          Originally posted by San Diego TS View Post
          This is a frustrating situation, especially since I've had my car scratched up or dinged by others at no fault of my own in the past, and I've been stuck with the cost of the local dent company or living with a scuffed car.
          Exactly - why would you want to be one of those a-holes?? It's frustrating, but it's better to be the bigger person.

          I agree with the others' advice.

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