Who has to pay for damages for a car hitting another car that was parked illegaly?

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Who has to pay for damages for a car hitting another car that was parked illegaly?

My husband’s car was parked illegally in front of our house and a neighbour

hit him when he backed out of his drive way. Police came, made a raport and wrote that my husband car was parked illegaly and the other driver backed out without looking. He didn’t give a ticket to either parties. He said the insurances will decide. My husband’s car was damaged, the other one not. Whose insurance will pay?

Asked on March 4, 2017 under Accident Law, Georgia

Answers:

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

Answered 4 years ago | Contributor

Your husband should file a property damage claim for the cost of repairs to his car with the at-fault driver's insurance carrier.
If the claim is denied because the car was illegally parked, the only recourse is to sue the at fault driver for negligence.
Depending on the amount of property damage, it may be possible to file the lawsuit in small claims  court.


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