My son asked me this as his girlfriend reversed from parking in front of a shop and nudged a guy who had left his car parked on double yellow lines behind her.
I think she\'s clutching at straws but as the guy was illegally parked do you think he would have any get-out of liability.
Thanks
nope, she hit a stationary vehicle she\'s at fault.
The claim can be defended may be not 100% but to a great extent. The guy was "contributory negligent". Parking a car on double yellow line is not allowed and doing so would have implications on many things including this very claim.
Thanks
Mir
Did it have a disabled badge in it ? Aren\'t they allowed to park on double yellows ?
Shaun
No he just left it on d/yellows while he popped into the shop
This happened to me some years ago, i reversed into a car because it jammed me in on yellow lines, i just drove off, then had the old bill at my door, yes it was my fault.
I woke up 1 morning couple of months ago to find someone had driven by and scraped my rear bumper....no note and legally parked. Cost me £150 to get it painted.
I just think its a case of doing the right thing legally parked or not.
Quote from: Bobbit;868474nope, she hit a stationary vehicle she\'s at fault.
Nothing more to say than this
Yep John i have to agree with most of the above.
Iv had a customer try to fight the very same thing, the answer from the insurance company was that they didnt care about the lines, they said parking on yellow lines is a matter for the local enforcement, all they were bothered about was it was a parked stationary vehicle so the blame will be hers.
I would claim whip lash on my own insurance to make it worth while.
This case is potentially arguable. In the insurance claims for motor vehicles, there is no "automatic rule" of lability, otherwise claims would have been very easily satisfied. Just like others, I can quote over thousand cases, where the accident was clearly cause by one driver but the matter dragged on for years. One can easily argue that, parking on a double yellow line is illegal, hence, I reversed car without paying million percent of attention!
It\'s not a matter of car indicating to go left and suddenly turns right without indicating causing an accident? There is a highway code for such situations.
However, as I said before, this case is arguable.
Mir
I would personally think you could relate it to a penalty try in rugby. If the defending team committed an offence that was bad enough to award a penalty try. It gets ruled as if the player was never there in the first place. If that makes sense? Hahah
But thats rugby and not road laws...
your fduked. insurance companies will only look that the car was stationary as the innocent party and what caused the impact end of, as been said before traffic laws are for local enforcement.
I work for an insurance company (albeit in IT) so know what goes in when the look at liability.