DH hit illegally parked car. Who's responsible?

amother

Firebrick

Sat, Aug 06 2016, 5:06 pm

For the last couple of weeks, DH has had a friend's car since the friend's license is expired so he can't drive it anyway. He assured DH that it's fully insured and would cover DH as a driver.

Tonight, DH went to pick up DD from a shiur and as they were pulling out, he hit a car that was illegally parked. The street in front of the shul is very narrow so there's no parking there, so this guy had parked on the sidewalk without about 1/3 of the car in the street. It was dark and DH wasn't expecting anyone to be there, so he hit it. There was damage to both cars, more to the other one than to DH's friend's.

2 questions:
1. Legally, who would be found at fault here?
2. If DH is at fault and his friend's insurance is billed, will his premium go up because of this?

We're trying to figure out if it makes more sense for us to cover both repairs out of pocket or to let the insurance pay for it and we would pay for the increase in premium.

WhatFor

Sat, Aug 06 2016, 9:06 pm

Where are you located?

Generally, your DH would be responsible for hitting a parked car, even if it was parked illegally. I would imagine it's easier to pay for the damage one time, than to pay for someone's raised insurance for years.

imasinger

Sat, Aug 06 2016, 9:48 pm

I hit an illegally parked car a couple of years ago. It was in my blind spot when I backed out of my driveway.

Completely my fault, according to the law.

It might make sense for you to pay out of pocket, or to pay the difference if the premium goes up.

amother

Taupe

Sat, Aug 06 2016, 10:19 pm

I hit an illegally parked car a few years ago. I figured I was at fault and paid out of pocket. I later heard I wasn't because once a car is parked illegally they are in the wrong. I heard the rabanim I'm lakewood paskened that way too in regards to someone moving a double parked car that was blocking theirs and then caused some damage (near yeshiva it's common for people running late to double park and leave their keys in for someone else to move if needed). I heard the psak was once you parked illegally you are at fault. So def look into it further

notshanarishona

Sat, Aug 06 2016, 11:09 pm

Regardless of if the other driver parked illegally, the person who caused the accident is at fault.
I would pay out of pocket if it's not a huge cost.

sky

Sat, Aug 06 2016, 11:19 pm

I believe the Lakewood psak mentioned above is a rumor or was taken out of context. My DH once looked into it and went back to the rav it was quoted from and he said its a case by case basis.

Its not parking illegaly in city streets in Lakewood BMG parkign lot. In Lakewood there is one huge parking lot by yeshiva and everyone just blocks each other in. When they block someone in they just leave in the keys so the ones deeper in can move them. If you park in that lot you know it will happen (truth is I don't think it is done as much now as it used to be).

amother

Taupe

Sat, Aug 06 2016, 11:19 pm

ChutzPAh wrote:

Why don't they paskin that one shouldn't double park?

This was brought up after the fact. I doubt they condone this behavior

amother

Firebrick

Sun, Aug 07 2016, 1:08 am

Thanks for all the replies. We are in EY, but I assume the traffic laws are similar. We'll have to get estimates for both cars and then decide how to proceed. We have no extra money whatsoever and I don't see this being cheap.

rzab

Sun, Aug 07 2016, 4:52 am

amother wrote:

It's not the same in E'Y- you would have to double check.
I recently was in an accident where the other guy was completly at fault. I pulled out of a parking spot and stopped for a second and he ramed into me. It was decided that we were both at fault. A lawyer explained to me that once I was in the car, even though I wasn't moving, I was considered responsible. It makes no sense, but that's what it is....

amother

Firebrick

Sun, Aug 07 2016, 4:59 pm

Thanks. We will look into it. In our case, the other driver wasn't in the car, though he admitted that he had parked in a bad place and said that he was just about to come out and move his car. I guess we'll leave it up to the insurance to decide who's at fault.

amother

Sienna

Sun, Aug 07 2016, 5:11 pm

You're reminding me of an age-old story! When I was a new driver, decades ago, I was going around a curve in a narrow street and scratched or dented a car that didn't ought to have been there.

I left a note. Sorry, I scratched your car, but being that you were parked illegally perhaps you will not want to pursue it. I left my phone number but they never contacted me.

(Anon in case you ever heard me tell this story!)

amother

Blue

Sun, Aug 07 2016, 5:48 pm

rzab wrote:

From what your describing it doesn't sound like the other person was completely at fault. It sounds like you started pulling out of a parking spot into oncoming traffic and then changed your mind and decided not to proceed. Meanwhile, a car driving down the street hit your car as it was sticking out into the street. I don't see this as "the other guy completely at fault".

WhatFor

Sun, Aug 07 2016, 8:07 pm

rzab wrote:

I agree to check your local laws as Israel may be different.
But to amother, did the other guy also say that you had pulled out and stopped before he hit you? Or did he say that you pulled out and he hit you while you were pulling out? That's generally perceived as very different. In such a case, the individual pulling out sometimes bears a lot of responsibility.