Hit a parked car: who is at fault

A vehicle that is legally parked and stationary is rarely found at fault when another vehicle drives into it, since it was not doing anything careless at the time. Fault shifts if the parked vehicle was left somewhere illegal or dangerous, such as blocking a lane or hidden around a bend. See who is at fault in a crash for how this fits the general rule.

The typical facts in this crash

A moving vehicle strikes a parked or stationary one, sometimes while reversing, sometimes while overtaking too close, and sometimes because the driver simply was not paying attention. Occasionally the parked vehicle itself rolls or is struck while someone is inside it.

How fault is usually assessed

The moving vehicle’s driver is expected to see and avoid a stationary obstacle in a place it is reasonably allowed to be. Where the parked vehicle was in a clearly illegal spot, obstructing a lane, or without hazard lights at night, that changes the analysis and can shift some responsibility onto the owner.

The evidence that decides a parked-vehicle dispute

• Whether the parking spot was legal, including any signage or road markings.
• Photographs of the scene showing visibility, lighting, and how obvious the parked vehicle was.
• Dashcam footage from the moving vehicle, which often shows the approach clearly.
• Witnesses who can confirm how long the vehicle had been parked there.
• CCTV from a nearby building, which can settle disputes about timing.

Photograph the parking situation exactly as you found it, since this detail is easy to lose once vehicles are moved.^[1] The police report after an accident explains how to record it properly.

Contributory negligence if someone was inside

If someone was sitting in the parked vehicle and was not wearing a seatbelt when it was struck, that can still reduce their own compensation.^[2] Contributory negligence explained covers how this is decided.

What to do at the scene and after

If your own vehicle was the one parked, do not move it until you have photographed the scene, even if traffic is building up behind you. Claiming for your own vehicle damage and a property damage claim explain what happens when the loss is mainly to the vehicle itself.