Is it your own fault if the car is damaged in an accident if you park in a no-parking zone on a narrow street? Not necessarily.
If you drive too fast in poor visibility, you are the main culprit in an accident with a parking vehicle. This also applies if the other vehicle was absolutely prohibited from stopping, as the Hamburg District Court decided.
In the negotiated case, in heavy rain, a driver overlooked and rammed an SUV parked in a bottleneck. The owner of the car, which was damaged while standing, demanded compensation, which the insurance of the accident driver refused. The SUV owner is responsible for the wrong parking, argued the insurance industry.
The court saw it differently and assigned 80 percent of the blame to the accident driver. There was still enough space to drive past. If the driver had adjusted his speed to the poor visibility, a collision would not have occurred. (Ref .: 306 O 207/19)