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.

How does this crash usually happen?

A moving vehicle strikes a parked one while reversing, overtaking too close, or because the driver was not paying attention. Sometimes someone is sitting inside the parked vehicle.

How is fault assessed?

The moving vehicle’s driver must see and avoid a stationary vehicle where it is allowed to be. If the parked vehicle was in an illegal spot, blocking a lane, or without hazard lights at night, some responsibility can shift to its owner.

What evidence 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 should I do at the scene and after?

If your vehicle was the one parked, photograph the scene before moving it. Claiming for your own vehicle damage and a property damage claim explain what happens when the loss is mainly to the vehicle.

An independent lawyer can pursue the claim for you. Send the accident date, where the car was parked, any injury status (yes/no) and the police report status.