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What advice would you give if I hit a car that was illegally parked behind me?

Asked by user in New Jersey.

I hit a car that was illegally parked behind me. The owner of the vehicle provided me with an estimate from an auto body shop for $1,100.

Answered by Enjuris Editors:

I’m sorry to hear about your accident.

If the other driver was illegally parked, they may be partially responsible for the accident. New Jersey is a modified comparative fault state, which means a plaintiff’s damages are reduced by their percentage of fault.

If you have liability insurance, then your insurance company should handle the claim. I would make certain to tell your insurance company that the other driver was illegally parked. If you have any proof (photographs, etc.), be sure to provide the evidence to your insurance company.

If you want to avoid going through your insurance company, you can suggest that the other driver get a second estimate in the hopes that it is lower. Alternatively, you can attempt to negotiate a settlement with the other driver based on the fact that they were partially at fault.

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