Q. If someone parked his car in an illegal parking position in the back of my properly parked car and I backed when driving out from my spot and crashed into that car that should not be parked there, do I have any liability and do I have to contact the owner if he is not present?
A. Shulchan Oruch (C. M. 378 and 379) rules that in cases were both the injurer and injured parties were in a location permitted for both (birshus) or even when the injured party was not, if the damage was done with intention the injurer is liable.
In Darkey Horoah journal (p195). in the name of Rav I.Z. Rosenzwaig a similar case is presented were the fact that the injuring driver failed to look back in his back mirror to ascertain that no one was there, as he should have, makes him be also "shelo birshus" and therefore liable.
Horav Shlomo Miller's Shlit"a opinion is similar. The only exemption would be if the car parked on his back did not leave enough space for him to drive out. Even then Bidey Shomaim or ethically he should compensate the damage or settle with the damaged party.
Rabbi A. Bartfeld as revised by Horav Shlomo Miller Shlit"a
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