Yes, it is. Liability can't be assessed to an inanimate object. The owner of the illegally parked car isn't inanimate, of course, but it would still not give the driver of the moving vehicle the "right" to hit the parked vehicle. As I noted in a similar question, recently one of the larger insurance carriers has been applying fault to the owners of illegally parked vehicles. To my knowledge, that carrier hasn't won a single arbitration for doing so, and has been forced to pay the claims in full. On the other hand, there could be certain circumstances where negligence -- or, at least, comparative negligence -- could be applied to the owner of an illegally parked vehicle. For instance, the car is parked on a blind curve in a no-parking zone, or of course it's parked illegally and has endangered public safety (in front of a fire hydrant, for instance). If, however, this is just a case of a driver striking an illegally parked car because the car was blocking his way, or the driver was going through a parking lot and didn't expect to see the parked car, the driver would be found at-fault. Look at it this way: Every driver of a moving vehicle has to be cautious and prepared for the unexpected. Suppose it wasn't a parked car, but a kid on a bicycle or a pedestrian. In that sense, "right-of-way" takes on a whole new meaning.
Sorry but you are still At Fault if you hit an illegally parked vehicle. The key word is that the vehicle was parked and not moving. This placed the only one in the accident who could have prevented it is you. You are required to look where you are going, safely go around or stop before hitting the vehicle. I know it makes you made when people do this stopping where they shouldn't, but again you have an obligation to look and stop.
Yes. No matter where it was parked, if it was standing still and you were in motion, it is your fault.
ANOTHER ANSWER : The vehicle in motion may not be at fault if, taking all factors into consideration, an ordinary driver exercising reasonable prudence under similar circumstances could not be expected to recognize the danger and take evasive measures in time to avoid the collision. The owner/driver of a car parked illegally so that an ordinarily prudent driver coming around a corner or curve would not have time to take evasive action should not expect to prevail by merely establishing that his was the parked vehicle.
You hit it, you are going to be a fault, but the parked car is not entirely blameless and it can be argued who bears the most blame. The expectation is that the driver of a moving vehicle is in control of that vehicle and can safely stop before hitting a stationery object. There is also the assumption that other drivers are going to obey the law.
the person how parked.
It would be the car who had parked illegally because he was not parked in a legal spot.
Of course it is your fault. The fact that the car was illegally parked is of no consequence. You didn't look where you were backing or you would not have hit the parked car. Would you have hit this car if you had been looking? Perhaps the illegally parked car is a Mini Cooper, parked illegally 1 foot behind a Hummer and therefore not visable when the driver looks before backing up...
At least partially.
It is almost impossible to assign fault to a parked car, even if it is illegally parked.
Yes. Being illegally parked does not affect fault. If you strike a parked vehicle, it is ALWAYS your fault because you have a duty to ensure the way was clear before moving.
Yes, private property does not obsolve you of your responsiblity.
Yours, because the question is ... even though that car was illegally parked, what type of driving were you doing that caused you to hit it? No fault only applies to injuries. Property damage is the responsibility of the at fault driver.
It depends if the illegally parked car is a danger or interuption to the normal flow of traffic. For instance if someone is parked in a handicap spot illegally, and you hit them, obviously it is your fault. You need to be able to prove that due to the other persons actions of illegally parking, it inevitably led to you hitting their vehicle. Just remember, you are the one moving, and you are the one who hit the "non-moving" object.
depends on whether or not the car is parked well. if the car is parked properly, in the right spot then it should be the car that hit it that is at fault.
If you know who hit your car, and they have insurance, then, yes, they should pay for it, so long as you were not parked illegally. Let YOUR insurance company handle this for you. That's what you pay them for.
Generally speaking, the driver in motion is considered to be at fault when a parked car is hit, even if the car was parked illegally. The exception to this would be if the car was parked in a dangerous, hard-to-see location and the driver in motion could not have reasonably avoided hitting it. For example, if a car is parked on a sharp curve in the travel lane of a narrow road, and the driver of a car driving around the curve at the speed limit would not be able to see the parked car until too close to it to avoid a collision, then the driver might not be liable for damage to the parked car, and indeed the driver who parked the car might be liable for damage to the car that hit it.
If a car is parked (so it wasnt moving, standing still), the other car is in fault.