Illegally parked car: Am I liable for accidentally damaging the car?

State: Florida

My question: Are you liable for the damage to a car in the no parking zone?

Thank you!

If the owner of the car does try to sue you for damage your home insurers will consider the claim under the personal liability section if the owner of the car can prove you were legally liable. If you were trying to push your pram passed the vehicle and it was not parked correctly it is debatable whether or not you were legally liable.

There may be circumstances where the illegally parked car was a contributing factor in an otherwise avoidable collision. For example where it was blocking your view or otherwise creating a hazard that you were attempting to avoid when the collision occurred. If so, whoever left it there may be partially liable for YOUR damages.

Under Michigan law if a vehicle is not parked properly and in a way as to cause unreasonable risk of property damage then the insurance company of the person who hits such a car may be able to deny a claim under the at-fault party's Property Protection Insurance (PPI) coverage.

As the MI insurance regulator notes, Michigan no-fault (PPI coverages) will pay up to $1 million for damage your car does in Michigan to other people's property, such as buildings and fences. It will also pay for damage your car does to other people's properly parked vehicles.

Whether you can recover PPI benefits is governed by MCL 500.3121(1)

The Michigan No-Fault Insurance Act does not define what a "parked vehicle" or "unreasonable risk."We are not aware of any specific case law that defines "unreasonable risk" however we have read that courts and insurance companies both take into account such factors as the manner, location and fashion in which a vehicle is parked when determining whether a parked vehicle poses an unreasonable risk.

You should contact a lawyer that specializes in this area of law to get case law information on various courts definition of "unreasonable risk" as well as PPI benefits and the ability to deny a claim by an insurance company based on an unreasonable risk.