Legal Question in Traffic Law in California

At fault while parked?

Recently I was parallel-parked on a 2-way street, and as I was slowly inching out of the spot, I saw a car approaching, so I stopped. The approaching car hit the front left side of my car (headlight area) with the rear side of his car. We both stopped and exchanged insurance information, called the police (who did not come out). There were no injuries, but damage to both vehicles. My insurance company has just informed me that I am at fault (100%) for this, but I obviously do not agree with this as I was stopped and was hit. Do I have any recourse in this, and if so, what do I need to do? Thank you very much.


Asked on 1/09/07, 2:33 pm

1 Answer from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: At fault while parked?

Your insurance copmany has the right to settle any claims and make the determination of fault. If you disagree, ask them to send it to you in writing. (They are required to do this.) Then, file a request with the department of insurance and ask them to review the fault determination. You can read more about doing this at my blog, www.calpiblog.com

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Answered on 1/17/07, 11:06 pm


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