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Q

I had hit a car that illegally parked behind my truck. I was unaware that it was parked behind me and had blocked me in. This car has been in at least 3 other accidents in the past year and a half. She filed claims for all accidents but she has not repaired the car with any of the claim money. She wants me to file a claim for this accident. I need to know if I am at fault since the car was illegally parked behind me and had blocked me in. Also I want to make sure my insurance company doesn't get charged for the other accident damages. Will the value of her car be taken into account? Will my insurance rates rise over this?


A

State laws may vary but in general if you back up or reverse into a vehicle, you are usually found at fault. In some states it is called not having "proper lookout" if you hit a car, even if they are illegally parked, in this manner. If the other party places a claim with your insurance company, then your insurance company should investigate and determine fault and if they will pay out on the claim.

When your insurance carrier's claims adjuster investigates the claim, they should be advised of the previous damage and should take that into account. Your claim should only be paying on the actual damage you caused the vehicle to sustain in your accident.

The value of the other party's vehicle will be taken into account, such as that your insurance company will not pay out a claim for more than the car is worth. If the damages it received in the accident from your car hitting it would cost more than what the vehicle is worth the insurance company would total out the vehicle and pay only the actual cash value (ACV) of the automobile.

You will need to discuss the accident with your insurance agent to find out what next steps to take and if a claim from the other party will affect your insurance rates. Claims against your policy can cause rates to rise but it will ultimately depend upon the rating system of your specific insurance provider if this claim will cause your rates to rise.

If your rates do go up you might decide it is time to comparison shop for auto insurance. You can start here with us by getting a quick car insurance quote.


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1 Responses to "I had hit a car that illegally parked behind my truck. I was unaware that it was parked behind me and had blocked me in. This car has been in at least 3 other accidents in the past year and a half. She filed claims for all accidents but she has not repaired the car with any of the claim money. She wants me to file a claim for this accident. I need to know if I am at fault since the car was illegally parked behind me and had blocked me in. Also I want to make sure my insurance company doesn't get charged for the other accident damages. Will the value of her car be taken into account? Will my insurance rates rise over this?"
  1. Visitor

    For me, it was dark and this car parked behind my daughter in our driveway, in the street almost directly behind her. His lights were facing where she couldn't even see a reflection. His vehicle was very dark and blended in with the street. He was parked illegally and I made a police report the next day to have him ticketed. She didn't know he was there so when she backed up she scraped his car. No one should park directly behind someones driveway, when there is an entire street of curbs to park next to. Now it looks like we have to pay, and our rates will probably go up because of this idiot. I reported the accident and told the police he was parked illegally. At least he will get ticketed and his rates can go up to. I am pretty upset about this. We are all such good drivers,and we have to pay for idiots like him who don't care.

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