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Who’s Responsible When a Driver Pulls Out of a Parking Spot and Hits a Double-Parked Car?

My daughter was parked in a parking lot. When she backed out, she hit the door of a double-parked car. Would she have been given a citation? Would the person illegally parked have been cited? Who pays for the damage? My daughter’s car was undamaged.

ANSWER from Purchase, George & Murphey:

Your daughter is legally responsible to pay for the damage she caused when she backed into a parked car. However, your daughter’s insurance company is required to indemnify her (i.e., to pay the amounts that she is legally required to pay). So, at the end of the day, it’s your daughter’s insurance company that will pay for the damages. They should be called immediately if your daughter hasn’t called them already.

The citation issue is one that can go either way. Police officers are not required to issue citations for every violation. Moreover, if this was a private parking lot, then the officer may be particularly reluctant to issue a citation. In any event, the issuance of a citation (or lack thereof) won’t have much bearing on the issue of responsibility for the damage.

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Mr. George and his entire office staff were very kind and helping me through my first ever experience with the law. He was able to get me exactly what he said he would in the outcome of my trial. The entire staff was very informative and kept me up to date on everything. Very pleased with my experience and would most definately recommend him to others.

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