If my car was double parked for less than 30 seconds and at that moment I was hit by a drunk driver that left the scene, will his insurance cover all of my damages?

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If my car was double parked for less than 30 seconds and at that moment I was hit by a drunk driver that left the scene, will his insurance cover all of my damages?

I called the police after I got him to stop his car.

Asked on June 27, 2015 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Most likely his insurance will not cover everything, because when the first driver is partially at fault in an accident, the degree to which he or she is at fault will reduce the amount the second driver or his/her insurer must pay. Double parking is both illegal and negligent (careless); therefore, you were at at least partially at fault in the accident, and that will proportionately reduce what you can recover.


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