What to do about an accident regarding an illegally parked car?

UPDATED: Sep 17, 2011

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What to do about an accident regarding an illegally parked car?

I pulled out of a parking spot outside of a bar and grill and backed into the door of a vehicle that was parked directly behind me. The car was not running and was not parked in a parking spot. The keys were not in the ignition. The female driver was heavily intoxicated and just flat out parked her car in the middle of this parking lot. I have witnesses and know the person who drove her car home. What should I do? Just contact my insurance? File a police report? Or both?

Asked on September 17, 2011 under Accident Law, Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I have one question here myself in order to play devil's advocate: why didn't you see the car behind you?  Were you not fully sober?  Was the lighting bad?  Was it parked in such a way as to be partially obstructed from view?  You need to figure this out too.  Now, you are very wise to understand that reporting the matter is very important here.  You should file a police report, contact the bar owner and file a report as the lot is probably their domain and yes, contact your insurance company. You need to cover al your bases.  Next time though try and file the police report immediately as I am assuming that you will be doing this after the fact.  Same goes with the bar.  Good luck.

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