It matters what your definition of "penalized" is. You buy insurance to protect you for situations when it is your fault and when it isn't your fault.

This is a situation where your insurance policy should protect you when you are not at fault.

When you purchase insurance or renew your policy, your insurance company will evaluate your claims history and based upon their rates and rules they will apply any surcharges to your policy.

I wouldn't consider it a penalty, but more of an evaluation of your claims history to determine your insurability and the likelihood of future claims. The future claim potential may cause your rates to increase. For example, if someone lives in an area that has 100 parking lot claims a month then insurance companies may charge a higher premium for those policyholders. They aren't penalized, but rather assessed a rate based upon the probability of future claims.

Someone is always responsible, who is responsible in this situation? Your comments will help us answer future, similar questions.