What to Do If Your Illegally Parked Car Gets Scratched?
2 Answers
Responsibility is entirely borne by the illegally parked vehicle owner for the following reasons: 1. Basis for Traffic Police Judgment: In the event of a vehicle scratching incident where both parties dispute responsibility, traffic police should determine the accident liability based on whether each party has committed any violations and the extent to which these violations contributed to the accident. 2. According to Regulations: Article 46 of the "Road Traffic Accident Handling Procedures" stipulates that the traffic management department of the public security organ shall determine the responsibility of the parties involved based on the role of their actions in causing the road traffic accident and the severity of their faults. (1) If a road traffic accident is caused by the fault of one party, that party shall bear full responsibility; (2) If a road traffic accident is caused by the faults of two or more parties, the parties shall bear primary, equal, or secondary responsibility respectively, based on the role of their actions in causing the accident and the severity of their faults; (3) If no party is at fault for causing the road traffic accident, it is considered a traffic accident with no fault, and no party bears responsibility. If one party intentionally causes a road traffic accident, the other party bears no responsibility. Provincial public security organs may formulate specific rules or standards for determining road traffic accident responsibility in accordance with relevant laws and regulations.
That time I stopped by the roadside to buy something and got scraped, leaving a big scratch on the rear of the car. I immediately calmed down to assess the situation, but the other party had already fled. I took several photos with my phone: the car body scratches, the surrounding environment including the parking lines on the ground. Then I called the police at 122, clearly explaining the location and the accident details to the officer. The traffic police checked the surveillance and found it was a truck that scraped my car. When contacting the insurance company, I explained it was an illegal parking accident, and while the other party was at fault, I still had to bear 30% of the repair costs. In the end, the car repair cost over two thousand yuan. The lesson was profound—no matter how urgent, always park in a proper parking space.
