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Who Is Responsible When an Illegally Parked Car Is Hit in California?
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Who Is Responsible When an Illegally Parked Car Is Hit in California?
Uncover the necessary steps to take when you come across an illegally parked car that has been hit in California. Learn about your rights, gather evidence, and find solutions in this informative blog post. California is notorious for difficult driving, a high rate of uninsured drivers, and motor vehicle accidents. Unfortunately, not all drivers abide by the traffic laws, and some violate parking laws. When a driver illegally parks their vehicle, they could potentially block handicap access to nearby establishments, disrupt traffic flow if double-parked on the road, or otherwise disrupt the safe flow of traffic in the vicinity. You might notice illegally parked cars as you make your way in your own vehicle, and it’s important to remember that if you hit an illegally parked car, you will still incur liability for the resulting damages. However, due to California’s pure comparative negligence law, you can reduce your financial liability by proving the car was parked illegally, thus proving the car owner’s negligence. How Does Comparative Negligence Work In California? Most US states enforce a modified comparative negligence law. Under this system, a plaintiff who is partially responsible for causing their claimed damages in a personal injury case loses a percentage of their case award equal to their fault percentage. In a modified comparative negligence state, plaintiff recovery is prohibited if the plaintiff is 50% or more at fault. This is not the case in a pure comparative negligence state like California. It’s theoretically possible for a plaintiff to be 99% at fault and still recover 1% of their claimed damages. If you hit an illegally parked car, it’s generally wise to assume that you will absorb most of the fault for the incident. The driver of a moving vehicle always has a higher duty of care than the owner of a stationary parked vehicle. You will likely be responsible for the resulting damages, but you can reduce your total liability by proving the car was illegally parked, thus establishing the parked car’s owner’s comparative negligence. If you caused $20,000 in damages and the owner of the illegally parked car is found to be 10% at fault, they would lose 10% or $2,000 of the case award. This means you would be liable for the remaining $18,000 under the pure comparative negligence statute. What To Do If You Hit An Illegally Parked Car in California? If you hit an illegally parked car in California, you must immediately report the incident to the police. California requires all drivers to report accidents that result in death, injury, or substantial property damage. If you are unsure whether you legally need to report an accident, it is always best to report it. This will prevent you from being charged with a hit-and-run and create an official police report of the accident that you may need later. While waiting for police to arrive, take photos of the accident scene and make sure you capture pictures showing the other vehicle was parked illegally. Proof that the owner illegally parked the vehicle will reduce your overall financial liability, potentially resulting in substantially fewer damages than you would otherwise face. Should I Hire An Attorney After Hitting An Illegally Parked Car? It’s natural to have lots of legal questions after experiencing a car accident, especially one you caused. You’re likely worried about your liability and may wonder whether the owner of an illegally parked car will face any consequences for their negligence. Speaking with an experienced car accident attorney is a wise decision in this situation. Your attorney can help determine how much liability you will likely face for the accident in question. They may also assist you in filing an insurance claim if you qualify for any coverage. Ultimately, accidents involving illegally parked vehicles often lead to contentious legal disputes. The owner of the illegally parked vehicle may deny any liability because their vehicle was parked, but the other driver is likely to contest their liability due to the illegal parking. The best way to approach this difficult type of accident case is by working with an experienced attorney. FAQs About Hitting An Illegally Parked Car Will My Insurance Increase If I Hit an Illegally Parked Car? Your insurance premium rate is based on the insurer’s perception of your risk level. When you cause accidents, this inherently increases your risk level in the eyes of your insurance company. Your auto insurance policy will likely stipulate how and when your premium rate will increase and what actions may increase insurance costs. Be sure to review your policy carefully, so you know what to expect. What If I Hit a Parked Car But Can’t Find the Owner? If you hit an illegally parked car and cannot locate the vehicle owner, you are still expected to take responsibility for the incident. You should report the incident to the police and wait for them to arrive at the scene. They can create a formal report and help you identify the owner of the vehicle. If the accident was minor, leaving a note for the vehicle’s owner with your contact details should suffice. How Does an Insurance Company Determine Fault When an Illegally Parked Car Is Hit? If you hit an illegally parked car, the insurance company will likely consider you at fault for the accident but will take the illegal nature of the parking into consideration. This is why it is crucial to take photos of the crash scene that show the vehicle’s position where the accident occurred. In addition, you can reduce your liability significantly if you can prove that the vehicle was illegally parked so that you have very little time or space to avoid hitting it. What Happens If You Hit an Illegally Parked Car and Leave? If you cause an accident, even if it is with an illegally parked car, you have a legal obligation to take responsibility for the incident. If you leave the scene, you are committing a hit-and-run. Once the police locate you, you will likely be arrested and face criminal prosecution for hit-and-run. While you may wish to avoid liability for the accident, it is never worth risking a criminal conviction for hit-and-run. Conclusion Whether your vehicle was hit while illegally parked or you hit an illegally parked car, a California car accident lawyer can provide the legal counsel you need to navigate the subsequent legal proceedings. Contact today to schedule a consultation with one of the best auto accident attorneys.

Car Accidents

15 June 2023

What To Do When Someone Hits a Parked Car and Leaves in California?
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What To Do When Someone Hits a Parked Car and Leaves in California?
Discover what to do when someone hits your car and leaves. Explore your rights, gather evidence, and seek justice in this helpful blog guide. What to Do After a Hit and Run on Your Parked Car in California If you are a driver in California, you know that the potential for damage to your car is high. What can be particularly astonishing is when another driver does that damage, and then simply leaves the scene. These scenarios are known as “hit and runs.” Unfortunately, they happen far too often. A sense of betrayal marks them — after all, we trust that other drivers will do their best to avoid hitting our cars. It can be frustrating, confusing, and even scary when they don’t and then attempt to simply drive away. Luckily, there are some steps you can take if you find yourself in this situation. Here’s what to do if you are the victim of a hit and run: First and foremost, try to remain calm. It can be difficult, but it’s important to remember that you are not the first Californian to be involved in a hit-and-run car accident. There are procedures in place to deal with these types of accidents so that you can get the compensation you deserve and are not left with an enormous repair bill. Once you have recognized that you are the victim of a hit and run, call the police. Immediately inform them of the situation, including any details about the other driver that you may have been able to gather. The police will then come to the scene and begin their investigation. While you are waiting for the police to arrive, it’s important that you do not move your car from the spot where it was hit. This is especially important if there are any visible tire marks or other evidence that can be used to identify the other driver. If you must move your car for any reason, be sure to take pictures of the evidence before you do. Once the police have arrived and begun their investigation, be sure to cooperate fully. Answer any questions they have and provide them with any information or evidence that you may have. The police will then compile a report, which you will need to file a claim with your insurance company. In some cases, the police may be able to help you track down the other driver. However, even if they are not able to do so, you should still file a claim with your insurance company to ensure that you are not left with the entire repair bill. If you have to visit the hospital or your doctor as a result of injuries sustained in the hit and run, be sure to keep all documentation of your treatment and expenses. This will also be important when you file your insurance claim. These are sustained injuries that you did not cause, and you should fight to ensure that you are not liable for the cost of treatment. Finally, contact an attorney who specializes in hit-and-run accidents. Having a legal team to back your claim can be incredibly helpful, especially if your insurance company is being difficult in understanding the situation or is not offering you a compensation amount that accurately reflects the damage done to your car or the cost of your medical treatment. No one deserves to be a hit and run victim, but unfortunately, these accidents do happen. If you are in this situation, don’t hesitate to reach out for help. FAQs About Someone Hit My Parked Car and Left in California What should I do if someone hits my parked car? If someone hits your parked car, you should first try to remain calm. Then, call the police and inform them of the situation. Once the police have arrived, cooperate fully with their investigation. After that, you should file a claim with your insurance company and contact an attorney who specializes in hit and run accidents. What is the penalty for hit and run? The penalty for hit and run can vary, depending on the situation. For example, if the hit and run results in property damage, the penalty may be a fine. However, if the hit and run results in injuries that required medical treatment and may alter the victim’s quality of life, the penalty may be more severe to reflect the seriousness of how the crime has impacted the victim. What do you do when you hit a parked car? If you hit a parked car, you should first try to find the owner of the vehicle. If you cannot do so, you should leave a note with your contact information and a description of what happened. You should also call the police to report the accident to protect yourself from any potential legal liability or being accused of a hit and run. Should I call my insurance provider? Yes, you should call your insurance provider immediately after the accident. This will appear favorably to them when you file your claim by demonstrating that you are taking proactive steps to ensure that the damage is covered. They will carefully review your policy to determine your coverage and how much you will be reimbursed. What if I can’t find the driver who hit me? Even if you cannot find the driver who hit you, you should still file a claim with your insurance company. Your insurance company will likely have a process for handling hit and run accidents. They may be able to help you track down the other driver in collaboration with the police. However, if they are not able to do so, you should still file a claim to maximize your chances of being reimbursed for the damage. Conclusion If you’ve been the victim of a hit-and-run, don’t hesitate to reach out for help. An experienced car accident attorney will fight to ensure that you are fairly compensated for the damage done to your car and any injuries you may have sustained. Contact them today to schedule a consultation and see why we are the best at what we do for Californians.

Car Accidents

15 June 2023

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