Auto Insurance Claims: Parking lot accident, parking lot accident, liability case

Question
My daughter was backing out of her assigned parking space and hit a car
which was parked illegally and clearly not in an assigned parking space. In
fact, the car was parked behind and in line with a car parked legally in a
space designated for one car. Had the car not been there illegally, there
would be no issue, or accident. Generally, is this a shared liability case,
assuming both parties agree to these facts? Thank you

Answer
Hi Carl-

I had a client who had a similar situation.  Someone was actually partially blocking thier driveway.  The driver was found 100% at fault.  The fact that the car was not parked legally does not seem to be a factor from my experience.  
Sorry I couldn't have given you better news. I may be wrong in this case- let me know how it comes out.  

Sheldon Maughan
Sacramento, Ca