Lexington, SC asked in Car Accidents for South Carolina

Q: I backed into an illegally parked car in my neighborhood, HOA also states no overnight parking on street.

The car is facing the wrong direction and has been parked against the HOA bylaws for months. Am I at fault or are they.

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1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Personal Injury Lawyer
  • Little Neck, NY

A: A South Carolina attorney could advise best, but your question remains open for three weeks. In virtually any jurisdiction, the fact that a car is parked improperly does not generally get the person who hit the car off the hook. The driver of the moving car is generally still liable, but they may raise in their defense certain aspects of the way the offending car was parked - blocking traffic, creating a safety hazard, not expected to be there, etc. That's a general rule of thumb. A South Carolina attorney (or your insurance carrier's property damage adjuster if they have a claim opened for the matter) could advise more meaningfully. Good luck

Tim Akpinar

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