Guy hit my parked car..whos at fault?

[cewing]

Gday, i went into work for the rest of my day (18 hours out of 24 to work that day woah!) and parked in the private car lot.
When i came back, there was damage to the rear of my car. I know who hit me, he left me a note.
I was parked illegally, refer to the pic to see what i mean. I was one spot along from the last marked car spot, i didnt realyl see that as i parked at 11pm.
just where it says "me" is the rear of the car, the damage was to the rear left.
Obviously i share some of the fault, but do i have to pay to get it repaired legally? it was a object that wasnt moving, he shouldnt have hit it?
Wonder if anyone had any solid legal advice on this matter.
Thanks!

[SAV_117]

if the insurance company new that do u really think they will pay??? im just saying they will try and get out of it anyway they can

[cewing]

the fact it wasnt in a proper spot didnt make the car any more hitable though. its a fact, but not a relevant one. but very true, i guess they won't touch it.

[02DUBH]

just tell the insurance company your car was parked (don't say were) and just go from there.

[adamc11]

Obviously the guy will want his car fixed too. So if he knows it was parked illegally just tee it up with him and split the excess half half, if he doesn't know it was illegal don't tell him. As long as you keep him happy he won't blab to insurance

[SAV_117]

unless his part of this public forum hahahahaa

[cewing]

he knew it was illegal. he informed me of that fact. we both work there you see

[cewing]

i should ad his tyre hit me. so he has no damage

[SAV_117]

ohh no damage how big is his tyre lol

[adamc11]

he knew it was illegal. he informed me of that fact. we both work there you see

Do you work at the same place? Do you know each other? In that case he should pay. If i were him i'd pay just for peace of mind, wouldn't want too p1ss someone off that knows where you park your car each day, you never know what they'll do

[Calaber]

The fact that you were parked in a place not marked as a parking spot doesn't remove the responsiblility from him to drive carefully, even though it was on private property.

Did your car impede him in some way from driving out of the car park? Where was he parked in relation to your car? Were there other cars in the park at that time that would have prevented him from driving out without hitting your car? From your illustration, it's difficult to see how you could have parked in such a way that he could not avoid your vehicle. As you say you both work at the same location, did he know it was your car and could he have come back inside to have you move the car?

I think you might find that he is still liable. Check with your insurance company - the fact that you parked incorrectly doesn't negate his responsibilities as a driver to drive at all times with due caution. He has provided you with written evidence that he hit your car, so he's put himself in and the insurance company will be very interested to see that note.

[Morton]

You parked incorrectly because your vehicle broke down, and you had to push it to the nearest safe area out of traffic, didn't you? It was unreasonable to expect you to push the car around the carpark looking for a decent park - you simply removed it from the road, and since you were already at work (how fortunate the car didn't break down halfway there), you called the RACV and walked the rest of the way to work, where you waited for them to arrive.

That's what I heard

[Calaber]

You parked incorrectly because your vehicle broke down, and you had to push it to the nearest safe area out of traffic, didn't you? It was unreasonable to expect you to push the car around the carpark looking for a decent park - you simply removed it from the road, and since you were already at work (how fortunate the car didn't break down halfway there), you called the RACV and walked the rest of the way to work, where you waited for them to arrive.

That's what I heard

Morton, you naughty boy. That's the second porky this morning.

[Lumps of cheese]

By the sounds of it if you suggest he pay he's just going to say no based on where you parked. How much damage does it have? Wouldn't imagine a tyre would do alot of damage.

[STEALTHY™]

Can you Murder someone if they're breaking the law? No. 2 wrongs don't make it equal.

He hit your car, and has to pay! The only way you can get in trouble is if the company care about where you were parked.

Is it a high traffic area where he hit you? or was he driving somewhere stupid?

[danja]

I knew a guy who was hooning about on the road, he went round a corner sideways and oversteered into the back of a parked 3000GT (of all cars to hit!). He severely damaged both cars, neither were drivable. The cops showed up, the owner of the car eventually showed up, after all was said and done, the guy got a charge for dangerous driving, the owner of the 3000GT tried to claim the damage via his insurance (as you would) but the claim was denied as he was parked illegally.

So to answer your question, I don't think you are liable for the damage done to his car, but he probably isn't technically liable for the damage done to yours. I don't know if the fact that yours occurred on private property vs public roads makes any difference, it may.

You can always call your insurance claims dept anonymously and see what they say.

[commsirac]

I dont think there is such thing as parking illegally in a private car park(trespassing, that's different), you cant be pulled up for a traffic offence in one, you cant be fined by anyone.
The owners of the car park have the right to remove your vehicle I suppose.

This person has done damage to your car, no different to walking onto your property where you parked it on your own lawn and laying into it with a hammer, thats the way I see it, could be wrong.

[PaulSV6]

He hit ur car plan & simple, he pays for the damages.

[Stressball]

I dont think there is such thing as parking illegally in a private car park(trespassing, that's different), you cant be pulled up for a traffic offence in one, you cant be fined by anyone.
The owners of the car park have the right to remove your vehicle I suppose.

This person has done damage to your car, no different to walking onto your property where you parked it on your own lawn and laying into it with a hammer, thats the way I see it, could be wrong.

The thing is it's not considered a 'private' carpark unless it is a place of residence.

Any carpark open to the public, even if owned by someone other than the State, still holds all the same road rules as a public street does. I'm not sure if you have seen it, there was a thread a little while ago about a cop who drove through a Maccas drivethrough drunk. He was charged with drink driving, even though he only got into the drivers seat in the drivethrough, drove 10m then got back into the passengers seat.

I asked why the road rules affected him there and the general consencus was that road rules apply unless it is a private residence. Supposedly it is technically not allowable to stop in a carpark while you wait for someone to leave so you can take their spot, as you are blocking a 'lane'.

[maldotcom2]

If you're involved in an accident with a drunk person, reguardless who was at fault, the drunk person is liable. Because of the fact that he shouldn't have been on the road. Perhaps a similar approach would be taken here given you were parked illegally. Of course it comes down to the nitty gritty of being a "private" carpark.

[johnnie5]

I knew a guy who was hooning about on the road, he went round a corner sideways and oversteered into the back of a parked 3000GT (of all cars to hit!). He severely damaged both cars, neither were drivable. The cops showed up, the owner of the car eventually showed up, after all was said and done, the guy got a charge for dangerous driving, the owner of the 3000GT tried to claim the damage via his insurance (as you would) but the claim was denied as he was parked illegally.

So to answer your question, I don't think you are liable for the damage done to his car, but he probably isn't technically liable for the damage done to yours. I don't know if the fact that yours occurred on private property vs public roads makes any difference, it may.

You can always call your insurance claims dept anonymously and see what they say.

the 3000gt didnt get paid because he bent over like a bitch and took it in the arse without ky from the insurance company

op the other driver has a responsibility not to hit shit when he is driving , claim through the insurance company , as mentioned other guy needs his car fixed ? then he makes a claim and you get your car repaired

[STEALTHY™]

I still want to clarify where you car was parked in regards to the rest of the site.

If you were just at the end of a row, and there is no thoroughfare then he'd be at fault, if you were blocking the driveway partly or something, then i wouldn't bother fighting it!

[Benboy]

Ask yourself, was the location of where your car parked a CONTRIBUTING factor/cause of the collision? I think not. Therefore other party MUST be at fault as the driver of said vehicle is responsible for whatever happens, to others, whilst vehicle under their control.

[d mon]

the prick who hit you

[Pub247]

I dont see hwo it matters how many people park on the side of the road where there's no parking lines marked if you hit them youd be at fault. In melbourne people actually park in the left hand lanes of main roads if you hit them you'd be at fault. At my work we have a large concrete and a large dirt carpark if someone hit me in the dirt carpark their still at fault