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swift-vole-141

Parked car got clipped by a trailer — driver says it's OUR fault?? What now?

Hey everyone, hoping this community can help me make sense of this because my sister is honestly spiraling right now.

So here's what happened: my sister's car was parked on a side street near a shopping center while she ran in to grab something quick — we're talking maybe three minutes tops. I stayed in the passenger seat. Her rear bumper and back quarter panel were sticking out slightly past the edge of a striped no-parking zone — not blocking traffic, just slightly over the line.

While she was inside, a pickup truck towing a flatbed trailer came around the corner and the trailer swung wide and scraped along the entire back end of her car. Like, not a tap — it gouged the whole rear side. I watched it happen.

The truck driver jumped out furious, immediately got in my face saying we were illegally parked and he wasn't responsible for anything. I was shaken but I didn't say anything about fault. We exchanged info, took photos, called the police.

Now her insurance is telling her this might be "shared fault" because of the parking violation, and the other driver's carrier is basically ghosting her.

We're confused about a few things:

1. Does parking slightly in a no-park zone automatically make her majorly at fault? 2. Doesn't a moving vehicle — especially one with a trailer — have some duty to make sure the trailer clears obstacles? 3. The driver's aggressive attitude right after — does that actually matter to insurers? 4. Is her own insurer really supposed to be neutral here or are they already looking for ways to reduce her payout?

Any experience with this kind of thing would really help. She's already dealing with a rental and missed work and just needs some clarity.

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