Minor Auto accident with illegally parked car

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bdhughes

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If a car is parked in a common access private driveway with clear deed restrictions (extraction from HOA: "Section 5. Parking. No Owner, natural person, guest or invitee of any Owner, may park, leave, store, abandon or keep any motor vehicle of any type or other physical object within any portion of the shared driveway easement area, as shown on the Plat.") and is hit by another vehicle because it could not be seen, who is responsible?
Thanks
Brian
 
It depends on the laws in your unnamed state, AND, who is making the determination of fault. The police might determine fault if your state's laws permit it and the collision was reported, but otherwise it will be decided by an insurance adjuster or a civil court judge.

However, in general, the MOVING car will be the one at fault as a parked car cannot be the cause of a collision ... the moving car's driver should have looked before he moved.

The parked car might be an associated factor and the owner might share fault as decided by an insurer or court.

- Carl
 
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