Illegally Parked Car Hit From The Back In Underground Parking - Whose Fault Is It?
This is NOT a ticket but rather an accident question.
I was parked illegally in our level P3 parking garage (condo) by storage as I was moving boxes. I was parking in "incoming" side of the lane. My neighbor who was coming up the ramp from level P4 to get out of parking lot hit my car and failed to tell me. She made a big scene as to why I am parked there but left. Afterwards, I noticed scratch on my bumper. Condo manager looking at the video (which they can't give to me as I have to involve police) says she backed off times and during those attempts hit me.
The laws are a bit ambigous to me here:
- If automobile “A†is parked when it is struck by automobile “Bâ€, the driver of automobile “A†is not at fault and the driver of automobile “B†is 100 per cent at fault for the incident.
-If automobile “A†is illegally parked, stopped or standing when it is struck by automobile “B†and if the incident occurs outside a city, town or village, the driver of automobile “A†is 100 per cent at fault and the driver of automobile “B†is not at fault for the incident.
I was in city - North York - but underground condo garage. I was illegally parked - I am assuming since it wasn't line parking - though no signs say don't park.
She said she didn't hit me but had tons of attitude so I want to report her if she has. Apparently the video shows she has hit me.
So am I at fault or not for being illegally parked. I wasn't in the car and couldn't see the accident as I was inside storage.