Am I completely at fault?

[tst3]

What is the name of your state? Michigan

Yesterday afternoon while driving home I nicked a car that was parked past the yield sign on a side street when making a right turn. The car isn't dented or anything but there is a scratch under the driver side headlight. Now, I was trying to be the responsible party and left a note with my name and number on the windshield, I also took 3 pictures of the scratch and 4 pictures of exactly where this car was parked from 4 different angles showing that this person was in fact parked beyond the yield sign. The driver contacted me later in the day basically wanting my information to file a claim with her insurance company. The car I was driving isn't mine and I don't really think it's insured. I don't mind paying this lady's deductible if the accident is totally my fault, but is it since she was illegally parked? I honestly think that she'll come out way cheaper by just taking it to a body shop and letting my pay them instead of the insurance company seeing as how I've seen this type of damage before and I can just about estimate the cost. It would be cheaper going that route.

 

[ecmst12]

If your car is moving, and you hit something that is NOT moving, it is ALWAYS your fault. It does not matter whether she was legally parked or not. You are responsible not only for her deductible but for the entire cost to repair her car, and if her insurance pays, they will seek reimbursement from you in full.

 

[racer72]

Michigan is a no fault state, the OP will only be liable for the deductable.

 

[tst3]

Thanks racer72. I actually called the police station and asked a traffic officer and he said the same thing. He said that an investigator had to come out to actually see if she was in fact parked illegally but if I had pictures of where she was parked that would suffice.

 

[Zigner]

Fault and liability appear to be two different things in this case

 

[ecmst12]

The accident is still your fault. MI's weird liability laws mean you will have to pay less, but that doesn't change the fact that you should have been in better control of your vehicle.

 

[moburkes]

The accident is still your fault. MI's weird liability laws mean you will have to pay less, but that doesn't change the fact that you should have been in better control of your vehicle.

Hmmm. I *think* that when your vehicle is parked, the at fault party is totally responsible, instead of just for the deductible. I remember this being an exception to their tort and mini tort laws.