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CalAttorney2, Attorney
Category: Traffic Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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A license and insured driver accidentally bump a park car of

Customer Question

A license and insured driver accidentally bump a park car of a non license, non insured driver who happen to be park on ared curb. Can he ( Licence Driver) get away with the liability ?
Submitted: 1 year ago.
Category: Traffic Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

There are 2 different issues with traffic collisions.

  1. The criminal law matter (traffic citations): in this matter, it is unlikely that any citation will be issued, the parties had a collision, exchanged information and left. (The parked car is unlikely to get cited for parking on the red curb, and the driver of the other vehicle is unlikely to be cited for negligence/careless operation of a motor vehicle).
  2. The civil law side (who pays who for what): in this matter, the driver of the vehicle that was actually in motion is probably going to be the one at fault for the matter - despite the fact the other car was parked illegally - while parking on a red curb may proportionately reduce the amount of damages the other vehicle may recover, the vehicle in motion is still going to find themselves being primarily liable for the action. The driver of this vehicle is going to be best served by simply referring this problem to his insurance carrier and letting them deal with the matter.