Car parked illegally involved in accident

ballyharpat

I was leaving town today, on a stretch of road on the outskirts of town there was a car parked on a double yellow line, it was parked facing me on the left side of the road. I was not going fast, but there was a truck coming against me and to avoid hitting the truck, I cut too close to the illegally parked car and scraped along the side of it. There is some minor damage to the other drivers car and a little more damage to my car. I have pictures showing where the car was parked and showing that the rear end was further out on the road than the front end.

The guards came, the guard said that it was my fault since I should have avoided the car even though it was illegally parked.

Am I really at fault hear? I really think that the other driver should be paying for the damage to my car, not the other way around....

Misticles

ballyharpat wrote: »

I was leaving town today, on a stretch of road on the outskirts of town there was a car parked on a double yellow line, it was parked facing me on the left side of the road. I was not going fast, but there was a truck coming against me and to avoid hitting the truck, I cut too close to the illegally parked car and scraped along the side of it. There is some minor damage to the other drivers car and a little more damage to my car. I have pictures showing where the car was parked and showing that the rear end was further out on the road than the front end.

The guards came, the guard said that it was my fault since I should have avoided the car even though it was illegally parked.

Am I really at fault hear? I really think that the other driver should be paying for the damage to my car, not the other way around....

You hit a stationary vehicle.... Regardless of where it was parked you hit it. They shouldn't pay for any damages to your car

Gran Hermano

Sounds like you overtook a parked car without ensuring it was safe to do so.
Its irrelevant whether it was parked legally or not, it could even have broken down.
Responsibility was with you to ensure to overtake safely before you drive into oncoming traffic.

djimi

You are at fault Im afraid.

dar83

Yep, completely at fault. If there was insufficient room for you to get passed the other car safely, then you should have yielded and allowed the truck pass before going around the parked car.

smcgiff

The other car owner should get a parking fine - you get to pay damages.

TGi666

your in the wrong OP unfortunately, similar thing happened to myself (well I was parked legally) other drivers insurance paid up didn't even want to see where it happened
although I think the person parked on the double yellows may passably get a fine for parking but depends on the guards

Carlow2011

Unfortunately you can't hit stuff when you're driving..it's part of learning to drive lesson 1

Koops80

This is like a dream for the motors section, getting to tell someone they are wrong

smcgiff

Koops80 wrote: »

This is like a dream for the motors section, getting to tell someone they are wrong

You're wrong about that...

Actually that felt good - maybe you've a point.

CiniO

Other driver is liable for illegal parking, and might be prosecuted for doing so.

You are liable for causing a crash.

Gumbo

Yes your in the wrong 100% here OP. but you obviously stopped and notified the cars owners etc so fair play, a lot of people would have kept driving.

ballyharpat

alright, thanks,

kona

ballyharpat wrote: »

I was leaving town today, on a stretch of road on the outskirts of town there was a car parked on a double yellow line, it was parked facing me on the left side of the road. I was not going fast, but there was a truck coming against me and to avoid hitting the truck, I cut too close to the illegally parked car and scraped along the side of it. There is some minor damage to the other drivers car and a little more damage to my car. I have pictures showing where the car was parked and showing that the rear end was further out on the road than the front end.

The guards came, the guard said that it was my fault since I should have avoided the car even though it was illegally parked.

Am I really at fault hear? I really think that the other driver should be paying for the damage to my car, not the other way around....

You hit a parked car, of course your at fault.

TGi666

look don't worry about it, let the insurance look after it hopefully you might have some sort of protected no claims bonus

Nino Brown

Just to clarify OP, you were in the wrong

ScouseMouse

CiniO wrote: »

Other driver is liable for illegal parking, and might be prosecuted for doing so.

You are liable for causing a crash.

Agreed about the crash, but could the owner claim it was broken down?

kona

kceire wrote: »

Yes your in the wrong 100% here OP. but you obviously stopped and notified the cars owners etc so fair play, a lot of people would have kept driving.

Because he thought the owner of the car would pay to fix his car lol

CiniO

superscouse wrote: »

Agreed about the crash, but could the owner claim it was broken down?

Probably he could, but to avoid parking fine I would imagine hazard lights would have to be on, and towing truck service or any other kind of help should be called.

biko

Try the old "look what you made me do" defence.

Fred Swanson

This post has been deleted.

Big Nasty

ballyharpat wrote: »

I was leaving town today, on a stretch of road on the outskirts of town there was a car parked on a double yellow line, it was parked facing me on the left side of the road. I was not going fast, but there was a truck coming against me and to avoid hitting the truck, I cut too close to the illegally parked car and scraped along the side of it. There is some minor damage to the other drivers car and a little more damage to my car. I have pictures showing where the car was parked and showing that the rear end was further out on the road than the front end.

The guards came, the guard said that it was my fault since I should have avoided the car even though it was illegally parked.

Am I really at fault hear? I really think that the other driver should be paying for the damage to my car, not the other way around....

[biko] WHICH TOWN!?!?!?!?![/biko]

mathepac

I have nothing to say.

fasttalkerchat

I think the op's right here. also he should sue the tyre manufacture for taking the car that direction.

Fred Swanson

This post has been deleted.

ballyharpat

Can I tak the town councill to court for not having tha streets wide enough

Gumbo

kona wrote: »

Because he thought the owner of the car would pay to fix his car lol

Point taken

ProudDUB

CiniO wrote: »

Probably he could, but to avoid parking fine I would imagine hazard lights would have to be on, and towing truck service or any other kind of help should be called.

If the cars alternator or battery had gone, the lights wouldn't work.

CiniO

ProudDUB wrote: »

If the cars alternator or battery had gone, the lights wouldn't work.

True.
Or at least half true, as alternator has nothing to do with hazard light when engine is off.

mathepac

ballyharpat wrote: »

Can I tak the town councill to court for not having tha streets wide enough

The lorry-maked for making their lorries too wide and the lorry-driver for being a bollix.