20 June 2015
I have a client who is an uninsured party to an accident. He side swiped a parked vehicle. It appears from the photographs that the parked vehicle was standing in a no standing zone. Is my client still liable for the full amount of damage? Or do the principals of contributory negligence apply?
What would you suggest is the best course of action as my client has received a demand letter from the insurance company representing the parked vehicle's driver?
On questions of negligence non-compliance with parking laws is irrelevant unless the position of the parking contributed to the accident.
Regards Mentor
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