The Shoulder
The Shoulder
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tidy-swift-819

Parked car got sideswiped by a vehicle towing a trailer — driver says it's MY fault??

Hey everyone, hoping to get some outside perspective because this whole situation has me spinning.

My car was parked on a side street last week while I ran into a shop for maybe five minutes. Hazards were on, car was off. A pickup truck towing a large flatbed trailer came around the corner and the tail end of the trailer swung wide and scraped all along the driver's side of my car — we're talking door, rear quarter panel, side mirror, all of it.

Here's where it gets frustrating: the driver of the truck jumped out immediately going on the offensive. Said I was parked too close to the intersection and that the whole thing was my fault. He was loud about it in front of everyone standing around. I'll admit I wasn't perfectly centered between the lines — maybe a foot or two closer to the corner than ideal — but my car was completely still and his trailer took out a huge chunk of my paint.

So now I'm dealing with both our insurance companies and getting kind of vague answers. My main worries:

  • Can being slightly too close to a corner actually flip fault onto me even though I was parked and stationary?
  • Does the fact that he was towing something change how liability gets looked at?
  • His aggressive attitude at the scene — does that even matter once it gets to claims?
  • What does this kind of claim actually look like when it settles?

I have photos, a witness who stuck around, and the full police report. I'm not trying to be unreasonable but I also don't want to get steamrolled here. Any experience with something similar would really help. Thanks.

15replies

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15 replies

  • 14
    curious-sparrow-317

    Almost the exact same thing happened to me — I was parked on a street corner and someone with a trailer clipped my front bumper making a turn. The other driver also tried to blame me for where I was parked. In the end, fault was split but mostly on the towing driver. The key thing for me was having the police report clearly state the trailer was the point of contact. Glad you got yours — hold onto it.

  • 20
    calm-swan-289

    Just a heads up: adjusters LOVE to use 'you were parked illegally' as leverage to reduce their payout, even when it's a stretch. That guy making noise at the scene probably knew exactly what he was doing — planting a narrative. Don't let the other insurance company record a statement from you without thinking it through first. They are not on your side, full stop.

    • 14
      calm-swift-557

      A couple of practical things worth knowing: most states have comparative negligence rules, meaning fault can be shared in percentages rather than all-or-nothing. Even if your parking position gets assigned some percentage of fault, the other driver's percentage for failing to control his trailer should be considerably higher. Also — that police report matters a lot. Read it carefully and check whether the officer noted any traffic violations on either side.

  • 13
    genuine-elk-147

    I used to handle these kinds of claims. Parking position near a corner is what we call a 'contributing factor' — it can affect comparative fault percentages but it almost never flips the whole thing onto a stationary vehicle. The moving vehicle (and especially the towing driver who is responsible for knowing the swing radius of their trailer) carries the heavier duty to avoid obstacles. The witness and photos you mentioned are genuinely useful here. Don't let anyone tell you you're fully at fault without pushing back hard.

    • 4
      honest-traveler355

      This is exactly what I needed to read today. Thank you.

  • 15
    keen-beaver-236

    Not legal advice, but generally speaking: a moving vehicle has an affirmative duty to avoid stationary objects, including imperfectly parked ones. A parking violation can sometimes affect comparative fault, but it rarely transfers majority liability to the parked car. If the other insurer comes back with anything that feels off, it might be worth a free consultation with a PI attorney just to understand your options. Most won't charge for an initial conversation.

    • 2
      calm-neighbor701

      Did you have to escalate, or did they come around after the first ask?

  • 14
    warm-newt-185

    Were you in the car when it happened? Even if you weren't, the stress response after something like this is real — people often don't notice soreness or tension until a day or two later. If you were nearby and got startled or jolted at all, please don't brush off any neck or back stiffness. Go get checked out. Document it even if it feels minor.

    • 1
      curious-rider427

      Seconding this. The same approach worked for me last year.

  • 12
    cool-elk-278

    You have photos, a witness, and a police report. That's actually a strong position. Stop second-guessing yourself and let the documentation do the talking. Don't give recorded statements to the other driver's insurer without knowing your rights first, and don't accept any fast settlement offer until you're sure the repair estimate is complete.

    • 9
      kind-traveler478

      How long did it end up taking in your case?

    • 0
      thankful-overpass679

      Following up on this — any update on how it turned out?

  • 15
    curious-fox-423

    How close to the corner were you actually parked? There's a difference between 'slightly not centered' and 'blocking the turn radius entirely.' I'm not saying it flips fault — it probably doesn't — but the answer might affect how the percentages shake out. Also, did the police report mention anything about whether your parking position was cited as a factor?

  • 5
    kind-seal-030

    Ugh, I'm sorry this happened to you. The fact that he came out swinging immediately instead of checking if you were okay says a lot about his character. Trust your gut — you know your car was parked and not moving. Keep all your evidence organized and don't let him or his insurance bully you into accepting something that isn't fair.

    • 6
      tired-dreamer405

      Seconding this. The same approach worked for me last year.