I would like to know if I am responsible for paying damages to a vehicle owner who was double parked on a street?

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I would like to know if I am responsible for paying damages to a vehicle owner who was double parked on a street?

I was driving down the street and came to a car that was double parked on the street. I thought that there was enough space between us so I continued to drive pass the vehicle and accidentally my mirror located on the passenger side hit their mirror located on the driver’s side. As a result the back plate of their mirror was damaged and came off but the glass was not shattered or cracked. The owner did not call the police at the time of the incident but now is threatening to do so. Before I knew that double parking was illegal and a safety hazard, I agreed to pay for the damage. I need to know if I’m at fault or they are before paying for anything.

Asked on July 7, 2016 under Accident Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Although the car you hit was illegally parked, you are still liable for negligence for hitting a parked car.
You are liable for the property damage (cost of repairs) to the vehicle.
If your state has comparative negligence in which each party is assigned a percentage of fault in the accident, then you might not be 100% liable since the car was illegally parked.  You would still be liable for a percentage of the property damage.


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