After an accident, the liability insurance of the person responsible for the accident usually pays the damages incurred by the injured party. But what happens if the accident occurs because someone has parked incorrectly?
In our guide, we explain how the question of fault is distributed in the event of a parking offence. We also show you what you need to bear in mind if your incorrectly parked vehicle has been damaged or if you hit a vehicle that is parked illegally.
- The person responsible for the accident is usually largely to blame.
- However, a wrong-way parker may be partly to blame if their illegal parking has an effect on the accident itself.
- In the event of an accident caused by a parked vehicle, the driver of the parked vehicle can usually be held jointly liable up to approximately 30%.
Am I fully at fault if I hit a vehicle that is parked in violation of the law?
That depends very much on the circumstances. As a road user, you definitely bear the majority of the blame if you cause an accident. However, external circumstances may mean that you are not 100% at fault.
An incorrectly parked car can be considered to be partly at fault for an accident if, for example, it is parked in a dangerous area and thus significantly impairs the flow of traffic.
Contributory negligence in a wrong-way parking accident
If, as in the example above, the fault lies not only with a single road user, then Section 254 of the German Civil Code (BGB) comes into play to regulate compensation. The allocation of debt depends on this, the extent to which the damage was primarily caused by one party or the other. In the event of contributory negligence, insurers then regulate claims settlement with the help of so-called quotas. If it turns out that both
Do I automatically get partial blame as a parking offender?
If you have parked your vehicle in a no-parking zone, for example, you are committing an administrative offence. You may then be found partly responsible for the offence. In previous court proceedings on this subject, this has regularly been set at up to 30%. However, it rarely comes to a court case. The insurers usually reach an agreement in advance. This is also the less expensive option for all parties involved. Whether you are partially at fault also depends largely on whether the parking offence had an impact on the accident. For example, if a stopping ban is intended to keep the junction area clear to make turning easier and you park there anyway, this will have a negative effect on you. If the stopping ban has a completely different purpose that has nothing to do with the accident, then you cannot be partly to blame.
You are not quite sure whether you are (partially) at fault? Just give us a call. We will be happy to help you and give you a free assessment.
Steps towards fair claims settlement
Have you been involved in a parking offence through no fault of your own? Then play it safe and contact us directly:
- Our competent team of experts will discuss with you the best way to proceed.
- If required, we can organise an expert to come to your home. He will prepare the important independent expert opinion
- Your complete claims are processed by specialised teams of lawyers using our software
- Your optimised claims are asserted with the insurance companies liable to pay benefits and paid out for you
- If required, our network of tested, reliable specialist workshops and replacement vehicles will support you
- You are kept up to date on every settlement progress via our innovative HIS (customer information system) on your mobile phone.We can't undo your parking offence. But we will make the best of it for you, we promise!
