Expert: Bennie719 - 12/7/2007

Question
Backing out of my garage in a condo development I put a fist-sized dent into a truck illegally parked in the fire lane...didn't see him.  Any possibility he'd be liable, as he was illegally parked.  He said he had "permission" from the association to be parked there, but certainly not from the LA County Fire Dept.  Thanks for your answer.

Answer
Hi Kathy,
I'm sorry, but anytime that you collide with a non-moving object, be it an parked vehicle, tree or telephone pole, you are considered 100% at fault.
The fact that he was illegally parked does not change the verdict, your obligation as the driver was to be sure that you had a clear area before backing out.
I don't relish having to give answers like this, because I know it's not what you wished to hear.  However, my statement is fully correct based on Insurance Law and State Law.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 12-07-07 3:00 PM PST