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Ask Alex J. Esq. Your Own Question

Alex J. Esq.
Alex J. Esq., Attorney
Category: Traffic Law
Satisfied Customers: 12680
Experience:  Licensed Experienced Attorney/former law enforcement officer
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Hit an illegally parked parked car

Customer Question

In SC, how much fault is placed on the owner of a car illegally parked in a fire lane when their car is backed into by a car trying to leave their parking space? Basically, I hit a car that was partially behind mine while illegally parked (my rear would have been clear had it been in a legal space). Due to the blindspots of my car and the slope of the parking lot I was unable to fully see the car and backed her into causing minor damage to her door and even less damage to my bumper. I'm not trying to collect anything from her, I just don't feel that I should have to pay 100% of her repairs because she was obviously negligent. I know SC operates under a 51% modified comparative fault bar, but how does that apply to this case? A few other details: it was on a private parking lot, she and I are friends so no police were called and insurance has yet to be contacted, and she admitted that she was negligent in her parking and that it contributed to the accident. I just want to know how we should pay for the car repairs? Would it be a 75/25% split or say 60/40% split. Again I understand that the law says I'm more at fault, but both parties were negligent to some degree so I should not be 100% responsible.
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Alex J. Esq. replied 3 years ago.

Alex Esquire :

Hello my name is XXXXX XXXXX X will be glad to answer your question.

Alex Esquire :

Are you online with me?

Customer:

yea

Customer:

Im Ronnie btw

Alex Esquire :

Good Afternoon.

Customer:

yea u too

Alex Esquire :

I hate to deliver bad news, but if you hit a stopped or parked vehicle you would be responsible for 100% of the damages.

Customer:

I've done some research prior to asking you and that is not always how cases are decided from what I found

Alex Esquire :

The illegally parked vehicle should receive a parking citation. This happen quiet often, and even when vehicles are double parked and someone hits them while trying to go around them, if the vehicle that was hit was not moving, it is generally 100% fault of the moving vehicle.

Alex Esquire :

I can only offer you general legal information based on my experience, education and knowledge.

Alex Esquire :

There are always exceptions to any rule.

Alex Esquire :

I would suggest that you consult with a local attorney who can review all the facts pertaining to your case and present a best legal argument in court on your behalf, and possibly the judge might get convinces and declare it 75/25 percent split, but it would be an uphill battle.

Customer:

true, but I figured you would be able to offer something a little more specific to the details of my case

Customer:

We wont be going to trial

Customer:

the damages dont warrant that

Alex Esquire :

Only local attorney can provide you with legal advice, but from what you have stated, I am afraid that generally someone under these facts would be 100% liable.

Alex Esquire :

I know this is not what you were hoping to hear, but I know that you would rather have a correct answer, than an incorrect one that might give you false hope or potentially point you in the wrong direction.

Customer:

Hmmm

Alex Esquire :

Keep in mind, there is nothing that would prevent you to settle with the other car owner for less than 100%.

Alex Esquire :

You can offer to pay any percentage that you feel is fair and see if they want to accept it or would opt to go to a small claims court.

Alex Esquire :

 


If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.
Bonus and Positive Feedback are always appreciated. Thank you and good luck!

Customer:

Have you not heard of any cases where the damages were split due to each parties degree of negligence ?

Alex Esquire :

Absolutely, but it is normally done when there is an accident with more than one driver behind the wheel, not parked vehicles.

Alex Esquire :

 


If you are satisfied with my answer, I would appreciate if you would click on the accept button.
Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.
Bonus and Positive Feedback are always appreciated. Thank you and good luck!

Customer:

ok

Customer:

thanks

Alex J. Esq., Attorney
Category: Traffic Law
Satisfied Customers: 12680
Experience: Licensed Experienced Attorney/former law enforcement officer
Alex J. Esq. and 5 other Traffic Law Specialists are ready to help you

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