Accident with someone parked illegally.

[greggy213]

What is the name of your state? CA
Two years ago, my younger brother backed his truck into a person who was parked illegally in a red zone. Since he didn't have insurance at the time, he was found responsible. Now the insurance company is coming after him for $2959.00 in damages plus legal fees. Could he possibly take any legal action in court since the other person was in the process of committing an illegal act at the time of his accident? Who is at fault in this situation? Also, what is the statute of limitations in this type of scenario? It was more than one year from the time of the accident until he was notified of their intent to sue for damages.
Thanks.

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA
Two years ago, my younger brother backed his truck into a person who was parked illegally in a red zone. Since he didn't have insurance at the time, he was found responsible. Now the insurance company is coming after him for $2959.00 in damages plus legal fees. Could he possibly take any legal action in court since the other person was in the process of committing an illegal act at the time of his accident? Who is at fault in this situation? Also, what is the statute of limitations in this type of scenario? It was more than one year from the time of the accident until he was notified of their intent to sue for damages.
Thanks.

My response:

Your brother was NOT responsible merely because he didn't have insurance. That is not California law.

Your brother was liable because he was negligent. All because the other person was parked illegally, doesn't give your brother the "right", or a "free pass" to go around playing "bumper cars." The fact is, your brother wasn't looking where he was going, and that was the "efficient, proximate cause" of the accident.

Your brother cannot use the fact that the other car may have been parked illegally. Like I said, in California we don't play "bumper cars". The other car could just as well been parked in the middle of the street. That still wouldn't give your brother "license" to run into the car.

Telephone polls are stationery objects. Does your brother run into those too, or does he watch out for them?

In California, the Statute of Limitations for property damage is 3 years.

Your brother is on the hook.

IAAL