Hit illegally parked car - whose fault?

useruseruser

OK. The first car was illegally parked in the private underground parking. Another car reversed from the parking spot and hit the first one. Whose fault is it? If it makes any difference the illegally parked car is black and everything happened at night.

In my opinion, its the person who reversed/drove into a car.

At the end of the day, they hit a parked car. Yeah, the person can be charged for been illegally parked (although, since you stated it's private property, can it be illegally parked?), but the accident was caused by a person driving into another car.

Procrastastudy

Moving car hits stationary object = driver of moving car at fault.

jimmycrackcorm

What law defines a car as being parked illegally in a private underground car park?

Victor

There may be contributory negligence in a case where the vehicle was dangerously parked, e.g. on a blind bend that mean another vehicle needed to take evasive action, but I can't see that in a mere case of trespass.

cormie

Victor wrote: »

There may be contributory negligence in a case where the vehicle was dangerously parked, e.g. on a blind bend that mean another vehicle needed to take evasive action, but I can't see that in a mere case of trespass.

Have their been cases in Ireland where such a decision was made? It'd be interesting alright. I remember seeing a car in a private supermarket car park and the way it was parked was blocking in other cars, but there was just enough space to fit through but was just thinking if the only way to exit was to pass this badly parked car and you happened to hit it, would it be entirely the moving car driver's fault.

Milk & Honey

cormie wrote: »

Have their been cases in Ireland where such a decision was made? It'd be interesting alright. I remember seeing a car in a private supermarket car park and the way it was parked was blocking in other cars, but there was just enough space to fit through but was just thinking if the only way to exit was to pass this badly parked car and you happened to hit it, would it be entirely the moving car driver's fault.

Yes. He should get the other car moved, not damage it.

krd

useruseruser wrote: »

If it makes any difference the illegally parked car is black and everything happened at night.

Yeah, you're allowed hit dark coloured cars. It's the owners own fault for having a car in a colour that's hard to see. What colour is your car? Fluorescent yellow?
You're also allowed hit dark coloured children.

You are completely in the wrong. And it's very bad driving to reverse without checking where you're reversing into. You can never assume there's nothing there. What if there had been a child, or even a dark coloured child where the car was.

You weren't paying attention, you weren't looking.

davo10

Illegally parked in a private underground car park?, how many double yellow lines have you seen painted by the council? how many times have you seen traffic wardens or gardai issue parking tickets in private underground car parks? You hit a stationary car, whose fault do you think it is?

Op, did you own up to damaging the other car?, with a bit of luck it was caught on CCTV.

Riesen_Meal

davo10 wrote: »

Illegally parked in a private underground car park?, how many double yellow lines have you seen painted by the council? how many times have you seen traffic wardens or gardai issue parking tickets in private underground car parks? You hit a stationary car, whose fault do you think it is?

Exactly, so grow a pair and own up OP, this happened my mam a while in a part of the supermarket car park not on CCTV, maybe it was "dark coloured"

Nothing she could do about it, underground car park or not it does not matter, maybe the person was visiting someone in the block?

Sort it out ffs...