1. Liability for Hitting the Parked Car:
- The driver of the vehicle that directly collided with the parked car is generally considered responsible for the damage caused to the parked car.
- If the parked car was legally parked and properly visible, the driver of the moving vehicle may be held liable for negligence, failing to exercise reasonable care while driving.
2. Liability for Causing the Second Collision:
- If the collision between the moving vehicle and the parked car caused a chain reaction, resulting in a collision between the parked car and a third vehicle, liability may be shared between multiple parties.
- The driver who initially hit the parked car may be held responsible for setting off the chain of events that led to the second collision.
- The driver of the third vehicle may also share some liability if their actions contributed to the accident, such as failing to maintain a safe distance from the parked car.
3. No-Fault or Comparative Negligence Laws:
- Some states follow a no-fault system where each party involved in an accident is responsible for their own damages, regardless of fault. In such cases, the driver's insurance would cover the damage to their own vehicle, including the totaled parked car.
- In comparative negligence states, the degree of fault is determined for each party, and liability is assigned accordingly. For instance, if a court finds the negligence of one driver to be 75% and the other driver to be 25%, the compensation awarded would reflect these proportions.
4. Insurance Coverage and Compensation:
- Typically, the driver of the moving vehicle that hit the parked car would be responsible for compensating for the damage to both the parked car and the third vehicle involved in the chain-reaction collision.
- Their auto insurance policy would likely cover the damage, subject to policy limits and deductibles.
- If the parked car owner also carries collision or comprehensive coverage, their insurance may provide additional protection for their vehicle.
5. Legal Representation:
- In complex accident cases involving multiple vehicles and potential liability issues, it's advisable to consult with an experienced attorney to understand your rights and options.
Determining fault and assigning liability in multi-car accidents can be complex, and the specific laws and regulations may vary by jurisdiction. If you're involved in a similar accident, it's important to seek legal advice and promptly notify your insurance company to ensure proper handling of your claim.