HIT BY U.P.S!!!

In PA, i was parked, i got in my car, and the next thing, a UPS truck hit the driver side of my front bumper. I was not moving, the car was not even turned on.

I was noted on the police report as having the violation of "Stopped or Standing Vehicle" and was Driver #1. Though i was not given a citation, I was told i was at fault.

My car was parallel parked on a one way street. Because of a recent snow fall, i was parked in such a way that the front of the car was stickign out a bit. There was clearly enough room for people to get by, as no one had hit my car throughout the early part of the day as well as the night before.

Total damages were 437 dollars. My question is , do I sue the driver, personally, UPS, Inc. or the insurance company that represents the company?

My second question is.. do I even stand a chance? I totally believe I was not at fault, and according to a friend who works for insurance, there is a legal statue that claims commercial vehicles basically , never have the right of way.

Help! am a student and totally cannot afford it! ( it is less than my deductible)

erica

[I AM ALWAYS LIABLE]

Originally posted by epraedin
In PA, i was parked, i got in my car, and the next thing, a UPS truck hit the driver side of my front bumper. I was not moving, the car was not even turned on.

I was noted on the police report as having the violation of "Stopped or Standing Vehicle" and was Driver #1. Though i was not given a citation, I was told i was at fault.

My car was parallel parked on a one way street. Because of a recent snow fall, i was parked in such a way that the front of the car was stickign out a bit. There was clearly enough room for people to get by, as no one had hit my car throughout the early part of the day as well as the night before.

Total damages were 437 dollars. My question is , do I sue the driver, personally, UPS, Inc. or the insurance company that represents the company?

My second question is.. do I even stand a chance? I totally believe I was not at fault, and according to a friend who works for insurance, there is a legal statue that claims commercial vehicles basically , never have the right of way.

Help! am a student and totally cannot afford it! ( it is less than my deductible)

erica

My response:

You sue UPS, Inc. and the driver. I agree with you that you are not at fault. You see, if your car was stationary, it makes no difference even if you were parked in the middle of the street. A driver of a vehicle has a duty to look to see what obstacles may impede his movements - - not to "bash" into anything that might be in the way. If a movement cannot be made with relative safety, then the law compels that the movement shall not be made.

The UPS driver was negligent in this matter, having a duty to you, and others, to not cause property damage, and to look for obstacles which would impede his movements, and to have complete control of his movements while his vehicle was in motion. "Whoopsie" is not a defense.

IAAL