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.
They are.
If an at-fault driver hits a parked uninsured vehicle, the at-fault driver is typically liable for the damages caused to the parked car. The owner of the damaged vehicle may file a claim with the at-fault driver's insurance for repairs or seek compensation directly. If the at-fault driver does not have insurance, they may need to pay out of pocket for the damages. The owner of the parked vehicle may also have difficulty recovering costs if they do not have their own insurance.
if it there fault there insurance pays
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.
Only if the insured car was at fault.
The person's who parked it there, (its parked illegally.)Not your fault.
My husband was hit by an uninsured driver and he only got a 500.00 fine. Oh, and by the way, the UNINSURED driver just filed a claim with my insurance company, to try to receover damages to his car,WHAT about my damages? So, he is trying to get money in an accident he caused, and was driving around illeagally! How crazy is that! I suggest everyone keep full coverage insurance at all times to cover these idiots riding around with none.
Yes, as long as the car is parked on private property. Cars stored on private property and not "in service" are the same as any other property, If the insured runs into your parked car our your house the insurance will pay. That's not quite correct. If the damage was intentional, meaning that the driver of the insured car deliberately struck the uninsured parked car, then the at fault driver's insurance will NOT pay because of a clause in the policy that excludes coverage for 'intentional acts' like criminal activity (which is what this is). So the parked car's owner would have to pursue a civil case against the at fault driver and try to collect against their personal assets.
No according to the law (which may be different from state to state) The uninsured motorist is always at fault
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.
Are you saying that you are uninsured, and the drunk was at fault, if simply due to the fact that you were uninsured (and of no fault whatsoever), you have to pay for his vehicle? NO, the ''at fault/negligent" party is liable/responsible for the damages they caused due to their neglience. Subject to any laws in your state barring uninsured drivers/owners from recovery of damage. But just because you are uninsured (if not at fault) you are not responsible for the drunks damages.