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My son was involved in an accident where a train was crossing a road and they were waiting for the train to pass. The vehicle was in park and idling as the train was passing. A vehicle approached and rear ended the vehicle behind him and crashed this vehicle into him. Under Michigan law if the vehicle is legally parked the at fault insurer will pay for the damages to the vehicle. What constitutes legally parked? The vehicle was only covered with PLPD. Is the at fault insurer required to pay for the damages in this scenario?

The official definition of a 'parked car' can differ depending on the insurance company or state laws. In general, a car is defined as parked if it is stopped and unattended off of a public roadway. Sometimes a parked car can also be defined as a vehicle that is stopped, occupied and running but out of the roadway or in a parking lot or facility.

So typically a car stopped at a red light or train crossing is considered stopped and not parked since the driver is not off the roadway. The car instead is anticipating moving as soon as the light changes or train passes and is on an active roadway. A vehicle that is occupied with the engine running might be considered parked if the car is still in 'park' as the gear selected and is off of the roadway in a parking spot but not normally if it is on the road.

Your son could not be legally parked in the middle of the roadway since if the train had not stopped traffic it would have not been there or it would have been impeding traffic. Due to this it would be doubtful that any insurance company would find his car to be legally parked just because the car was in the 'park' gear waiting for the train to pass. It is likely that an insurance company would determine that your son's car was standing or at a stand still but not parked.

You can contact the Michigan insurance regulator to see if they can provide you more information on this scenario and what options your son may have.

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This car insurance question was asked on 9/4/2007
This auto insurance answer was last updated on 9/7/2007
Matt S requested this car insurance solution.
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