Disclaimer: I am not an attorney. But that seems to be a thing at the discretion of the Judge, all conditions must be considered, and 'illegally parked' could mean anything from an expired meter to blocking the road. And in Calif, if you are uninsured, regardless, you are At Fault because you should not have been on the road. If you rear-end a car at a red light, and that car, just sitting there waiting at the light, is at fault if uninsured. That's why you should carry both uninsured and under- insured on your policy, even when convicted and ordered to pay, they usually don't.
I'm not an attorney either, but that seems like a situation in which fault would be shared. An uninsured car cannot be on a public roadway - ipso facto, it never should've been there in the first place, and the conclusion can be made that the accident wouldn't have happened if the car wasn't on a public roadway. On the flip side, the person parked illegally shouldn't have been there, either. In such a situation, both parties are likely to be cited, and the person with the uninsured car isn't going to be compensated by the insurance company covering the other car.
The fact that the car is parked illegally or not has no bearing on who is at fault. The car that slid down the slope is at fault.
The fact that the car was illegally parked doesn't matter. The driver of the moving car was responsible to adjust their driving to the road conditions, and to ensure it was safe to proceed. This accident will be the fault of the uninsured driver.
The person's who parked it there, (its parked illegally.)Not your fault.
They are.
It would be the car who had parked illegally because he was not parked in a legal spot.
Yes. Being illegally parked does not affect fault. If you strike a parked vehicle, it is ALWAYS your fault because you have a duty to ensure the way was clear before moving.
As long as the parked vehicle is parked properly and not illegally parked in any manner, then the vehicle that rear-ended the parked car is at fault. Now if the parked car is sitting illegally (such as double parked or parked in a no parking zone, etc.) then the parked car is at fault or even both the parked car AND the car that hits it are BOTH at fault.
You Dummy!!
Of course it is your fault. The fact that the car was illegally parked is of no consequence. You didn't look where you were backing or you would not have hit the parked car. Would you have hit this car if you had been looking? Perhaps the illegally parked car is a Mini Cooper, parked illegally 1 foot behind a Hummer and therefore not visable when the driver looks before backing up...
At least partially.
It is almost impossible to assign fault to a parked car, even if it is illegally parked.
You are. You didn't park your vehicle properly. The fact that the other vehicle was parked illegally doesn't give you permission to crash into it.