Who is at fault if someone backed into my car while I was double parked?

Question

Someone backed up into the side of my car as they were backing out from their driveway. The other party lives on the north side of the street, while my car was double parked on the south side of the street. I was not in my vehicle. The other party backed out of their driveway, across the street and then into my car. The other party is claiming that because I was double parked, I am partially to blame. Who is at fault?

Donald Broad · Answer

In Indiana, you might bear some of the fault.  However, so long as your fault is less than 51%, then you can still recover whatever percentage of fault is attributable to the driver that backed into your car.  Short of a trial, the percentage of fault would have to be negotiated.  If you have collision coverage on your vehicle, I would have your own insurance company pay to repair the vehicle and let them go after the other driver.

Stephen Lombardi · Answer

Just because you were double parked doesnt give someone the right  to back into your car. The car was in plain view and they are supposed to be in control of their vehicle. I would say they are at fault.

Bruce Elliott Goodman · Answer

The car that backed into your car would be at fault. Even if being double parked could be considered negligence, and that is debatable, it was not your car being double parked that caused the accident, it was the act of the other car backing out of the driveway and hitting your car that caused the accident.

Andrew Velonis · Answer

The other driver is at fault.  The fact that you were parked where you were not supposed to be does not give the other driver an excuse to damage your property.  It was the other driver who caused the accident, so it is his/her fault.  He/she had the "last clear chance" to avoid the accident.  Every driver has the responsibility for keeping a proper lookout and keeping control of his/her vehicle and the other driver did not do that.

Bradley Cornett · Answer

If your actions proximately contributed to the accident, then you may be guilty of contributory negligence under Alabama law; and contributory negligence is a complete bar to recovery in Alabama.  The key issue is whether or not you being doubled parked (illegal) was a contributing cause of the accident.  For example, did your double parking create a situation where the other driver could not back out without precariously squeezing past your illegally parked car?  On the other hand, were you simply straddling two parking spots that created no hazard whatsoever for a driver who is simply trying to avoid responsibility for his/her own negligence? The other driver doesn't get a "free shot" at your car just because you were double parked, but you can't negligently create a hazard and then blame someone else for a bad situation that you created. So the answer to your question is "depends on the circumstances."

David Rechtman · Answer

Only a judge or a jury knows for sure. But seriously, my opinion is that a fair way to look at it is that you both share the blame.

Brian Bourke · Answer

I am not sure if it allowed to double park where you were, however, your car was not moving so the other driver should have avoided it.  In California we have comparative negligence which may be the case here, that is, the negligence of each party is compared an a percentage of fault is assigned to each.

Erron Fisher · Answer

The short answer is, even if you are stopped in the middle of the street, upside and singing, someone cannot back off of a driveway and hit you. Hitting a stopped car is not legally acceptable, even if the stopped car was parked improperly. The argument is, what if it was a small child standing where your car was, since the child is in the street is it okay to back off a driveway and strike them? As long as you were completely stopped, this should be the other drivers fault. If you were moving, you may have some degree of fault. That said, many low quality insurance companies will try to use your improper parking to reduce the amount they need to pay. Best of luck!

Paul Samakow · Answer

The person who backed into your car is 100% at fault.  The fact that   you were double parked, albeit illegally, has nothing to do with his   negligence in not seeing your vehicle and then striking it.  He has an   absolute obligation to avoid striking anything.  What if your car was   blocking his driveway so he couldn't even back out?  He couldn't claim   that he didn't see you then... so, it's no different.  And in either   case, he is entirely at fault.  Best to you for a pleasant holiday season.

Bernard Huff · Answer

It appears that the other party who caused the collision may be more at fault than you. You should consult with an accident attorney for specific legal advice, but first contact the other driver's insurance company to see if it will assume any liability.

David Stoddard · Answer

It is ultimately a question of fact for the court to resolve .  Ultimately, a jury would resolve the question in a lawsuit.  There is evidence of negligence on both sides.  The other party is correct, your double parking could be considered negligence.  It is up to a jury to decide the comparative negligence between the two of you.  Also, there is a doctrine known as the Last Clear Chance Doctrine.  Where an accident occurs because of a party's negligence, but the other party was in a position to avoid the accident, and had the "last clear chance" to avoid the accident, then that party may be held liable despite the other parties' negligence.    As a practical matter, your two insurance companies will determine this one, and both companies will probably deny liability.  In other words, your insurer will say it is the other driver's fault and the other driver's insurer will say it's your fault, and in the end, each of your own insurers will pay your damages.  There is probably not enough damage to pay attorneys to take it to court, although there is an inexpensive non-binding arbitration procedure available in Circuit Court to resolve property damage disputes.

Paul Whitfield · Answer

Maybe neighbor is right. In NC you have to be totally free of fault to recover. If your parking contributed to the incident then you will likely lose. If it has already reached the "he said, she said" level (blame) I suspect the insurance carrier has already decided not to pay your claim.

James Kelaher · Answer

While my first response would be to say the car being moved is the one at fault, I almost backed into a car double-parked across the street from my driveway. In Florida we have comparative negligence which means that one person does not have to be 100% at fault....that sounds to me like both parties share in the blame.

Jared Altman · Answer

He is entirely at fault.

Steven Fink · Answer

They had a duty to check when they were backing out, whether you were parked legally or illegally.  Your action might reduce your damages by your percentage of fault, but they are mostly responsible.

Michael Heilmann · Answer

Michigan is a no-fault state. When a car is LEGALLY PARKED, the person that hit is responsible. Since you were not legally parked, the other party is not legally responsible.

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Who is at fault if someone backed into my car while I was double parked?

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