Car Negotiation Coach

Most people automatically assume that if a driver collides with a parked car, it is always the moving vehicle’s driver who is at fault. It’s true that the drivers of moving vehicles are usually responsible for avoiding parked cars, no matter how illegally or annoyingly they are parked. There are exceptions to the parked car rule, however.

States, cities and counties all have different traffic laws, so it’s hard to cite a blanket rule on accidents involving parked cars. However, a vehicle owner is certainly not allowed to turn a parked car into a safety hazard. Keep the following information in mind if you ever have an accident with a parked vehicle. You’ll want to know what to tell your insurance company and the lender of your car loans.

Parking Just Beyond a Curve

Let’s say, for example, that a young driver pulls off the road to text someone. He parks just beyond a curve in the road and the shoulder is narrow enough that the rear end of his car is sticking out in traffic. A driver coming around the curve would have no warning and no time to stop. The driver of the moving vehicle can either veer into oncoming traffic or rear end the parked car. In this case, the young driver turned his parked car into a safety hazard and should assume, at least some, responsibility for the collision.

Blocking Visibility in a Traffic Lane

The owner of an illegally parked car can also be at fault if they park their vehicle in a way that blocks the visibility of the driver behind. If another driver must pull out from behind this parked car and has a collision, the parked car’s owner can be held liable for the accident because they turned their vehicle into a safety hazard.

What to Do After a Parked Car Collision

If you have a collision similar to one described above, you must prove clear negligence on the part of the parked car’s owner. Have the law enforcement officers come out and make a police report that you can give to your car insurance company. Exchange names, phone numbers and insurance information with the other driver. Take pictures of the accident to send to your loans and insurance agents.

Also, call up your insurance company and the lender of your car loans. Let them know that the owner of the parked car didn’t exercise a reasonable amount of care to give other drivers the ability to avoid the parked vehicle. Your insurance company should pursue some level of liability on the part of the parked car’s driver. This will, hopefully, save you a rate increase on both your insurance and your loans.

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