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Illegally parked cars caused collision

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Bcamp21

New member
What is the name of your state? What is the name of your state? Missouri

I was driving through a parking lot on the right of way for traffic. When I came to a section in which multiple cars were park in the parking lot, but not in actually parking spaces. They were all just parked in a row in the middle of the right of way. There was a section about 2 car widths wide in which I drove through to get to the other side of the right of way and continue on to the parking lot exit. As I passed through the opening of the cars another driver and I collided. The view of each of our cars was obstructed by one of the parked cars. My insurance is saying that it is a "no fault" crash and I will only be paying for my own damage as it was caused by a blind spot from said illegally parked car.

The question then comes about if those illegally parked cars can be held liable for any part or all of the damage that was caused? If they would have been parked legally there would have been no view obstruction of on coming traffic.

Thanks
 


Is it a private parking lot, because if it is I don't think there is such a thing a illegal parking.
I know it used to p**s me off when I went to Walmart and I could only write tickets for parking in the fire lane or in the handicapped spaces without a placard. If a car was parked and taking up 6 spaces there was nothing I could do.
 

FlyingRon

Senior Member
If a car was parked and taking up 6 spaces there was nothing I could do.
There's no statute about being a butthead?

And no matter who you claim is "at fault" (and I agree that the parked cars were not), parking lot incidents are almost always handled by insurers to deny other parties claim and to treat your own damage as your fault.
 

CdwJava

Senior Member
The CAUSE of the collision will be applied to a MOVING vehicle, not a stationary and unoccupied one. And, as Neil stated, a state's vehicle code rarely has much applicability to parking lots (aside from maybe licenses, registration, recklessness, and DUI). As such, the inconveniently parked cars (or, unfortunately parked - take your pick) are not going to be liable for the damages.
 

not2cleverRed

Obvious Observer
There's no statute about being a butthead?

And no matter who you claim is "at fault" (and I agree that the parked cars were not), parking lot incidents are almost always handled by insurers to deny other parties claim and to treat your own damage as your fault.
That was my experience when someone backed into me.
 

CdwJava

Senior Member
As my FTO said when I was a rookie. "In this town there are about 10 genuinely bad guys who you will seldom meet, you will instead be dealing with several thousand idiots"
And he was 100% correct.
One of mine simply said, "Remember this: People are stupid."

Sadly, he is proven right every day ...
 

HighwayMan

Super Secret Senior Member
About 6 months to a year after getting out of the academy I realized that mankind has no future - there are just so many stupid people in the world.
 

TigerD

Senior Member
...
The question then comes about if those illegally parked cars can be held liable for any part or all of the damage that was caused? If they would have been parked legally there would have been no view obstruction of on coming traffic.

Thanks
Actually, I think there is potential civil liability for the parked car owners/operator. Chances are, in a non-injury accident, that there is not enough value to make it worth pursuing, but there may be liability. There are cases in Missouri that a parked car can be the proximate cause of an accident. We allocate damages by percentage of fault. But I can't see that the case would be worth enough for an attorney to take on (unless we are talking expensive cars).

TD
 

CdwJava

Senior Member
Especially the repeat idiots who you get to know on a first name basis.
It's worse when you even have birthdays and family names and info committed to memory! I had some that I had arrested as kids and then went on to take them to grown-up jail later on. Ah, memories ...
 

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