Hi everyone..

I live in a a great State of New Jersey.  While picking up my lunch
today i left my car on the corner overlapping about 3 feet the yellow
line.  Needless to say a commercial van hit me. About $3000 of damage,
my insurance will cover minus the deductible and the increase in my
insurance.  The car was parked and i was on a sidewalk.  Officer
filling out the report wrote as if it was my fault because the car was
parked illegally.  I do understand the parking ticket, but is it
really my fault?

If anyone can find any legal backing, especially in the state of New Jersey.

Thanks!

hello..

Personally, I believe that only the driver of the moving vehicle is at
fault, but obviously my opinion isn't going to help you.. Also, it's
my understanding that an insurance company can only raise your rates
if you are responsible for the accident. I am not sure how it is in
New Jersey, but I have never heard of a parking ticket being the
justification for increased insurance rates. Unless you owned up to
parking it where it was hit, I wouldn't think that they could change
your rates for something that, theoretically, someone else could have
done (had you loaned the car to someone, for example).

I found the following websites that may help:

http://www.faqfarm.com/Insurance/Auto/Accident/8917
http://www.njlawyers.com/  1-800-34 NJ LAW <-- may give you a free
consultation (this may give you the info you need that is specific to
New Jersey)
http://boards.lp.findlaw.com/cgi-bin/WebX.fcgi?14@45.J9Q9bIiJIEk%5E0@.ef116e7/30
<-- if you go down to the posting by "Dan Nugen", he asked the same
type of question as yours.

it never hurts to complain when you feel you are being taken advantage
of -- here's two websites that amy help:

http://www.state.nj.us/dobi/enfcon.htm
https://www6.state.nj.us/dobi/DOBI_UIC

more info can be found here:

http://www.state.nj.us/dobi/consmnu.shtml

Cops are people to, they make error's in judgment, just like you and
me. I would see if you can fight the increase. If not go find illegaly
parked cars to hit that are insured by your company and cost them ten
times more than they cost you. And when they catch on ,  just tell
them "hey they were illegaly parked.. I can't be expected to see !"
.. on a side note one of my friends got his car hit while in a legal
spot, by a towing co. that had contracts with the town. He was faulted
for the accident, threaten to be arrested because his was bothering
the cop. Who was going over old times with the tow truck driver. Now I
want to also note that, he was never in his car , his girlfirend was
in the passenger seat, he was getting pizza, so he had an albi, but
the cop told him "hey what were you thinking puling out of your spot
into traffic !". Now it would be great to be able to fight the
insurance co on the increase , but most states don't won't let you ,
cause accidents in judgment never happen...

There are certain situations where the illegally parked car can be at
fault.  An example would be a car parked facing the wrong way in the
middle of a highway at night with no lights on.  All that to say, it
would have to be seen that the cause of the accident was the fact that
your car was illegally parked.  If your parking didn't reasonable
cause the accident, then you are not liable at all.  If it were the
case that illegally parked cars were at fault in times of accidents,
people of a questionable nature would simply drive around and smack
into illegally parked cars in order to collect insurance money.

Also, insurance companies can change your rates for any reason...
especially if they have to pay out a claim on your behalf (regardless
of whose fault it was).  Bottom line is that if an insurance company
has to pay out money, then that is a claim and your rate will go up. 
If I were you, I'd present the facts of the accident to a judge and
let him decide the case... no need to let your insurance company even
know you were hit.