Expert: Richard Hixenbaugh - 9/8/2009

Question
My husband was backing out of a driveway and hit a car that we believe was parked illegally.  We believe this, because, according to the police officer who came to the scene, he did not write my husband a ticket for illegally backing up, because he also didn't write the other person a ticket for being parked illegally.  I have not yet seen a police report.  According to our insurance company, he didn't do us any favors by not writing a ticket (meaning that it would be easier to clear up, if fault was more clear).  My question is this:  How does Michigan's no fault or mini tort law come into effect in a situation like this?  Who determines fault?  And what happens at this point?

Answer
Hi Sara,

First, even if the car was illegally parked, if you back into a parked vehicle you are at fault. The reason is that as the driver of the moving vehicle, you had the last clear chance to avoid the accident. You could have steered clear or chosen not to move at all. The parked vehicle did not have a driver and even though it should not have been there, you would still be at fault for hitting the stationary object.

As for Michigan law, I am not that familiar, however, I believe you willl just go through your own insurance company to have your car repaired.

I hope this helps
Richard Hixenbaugh