You hit a double-parked car. He was parked illegally — so it's his fault, right?

You're reversing out of a tight spot at a shoplot in PJ. Someone has double-parked behind you, no note on the windscreen, handbrake on. You edge out, misjudge it, and there's a crunch.

He was parked illegally. You were driving carefully. Surely that's on him?

Usually not — or at least, not entirely. In Malaysian law, the moving vehicle generally carries the bulk of responsibility for a collision, even where the other car was parked unlawfully. What the illegal parking does is give you an argument for reducing your share of the blame, not eliminating it.

1. Why the moving car usually loses

The starting point is straightforward. A stationary vehicle isn't doing anything. You are.

To establish negligence in Malaysia, you need to show a duty of care, a breach, and that the breach caused the damage. A driver reversing or manoeuvring owes a duty to do so carefully and to keep a proper lookout. A parked car, by definition, isn't manoeuvring.

So the default assumption is that the driver who was moving should have seen the obstruction and avoided it. That's not a rule written in a statute — it's how the facts usually fall.

But it's a default, not an absolute. Which brings us to the part that actually decides these cases.

2. Contributory negligence: the percentages

Malaysia runs a contributory negligence system. The court doesn't pick a single villain. It apportions fault as percentages, and reduces your recovery by your share.

If your repair bill is RM8,000 and you're found 70% to blame, you recover RM2,400.

As the Malaysian Bar's own commentary has put it, depending on the liability finding a claimant may recover the full claim, or have it reduced by 10, 20, 50 or even 80 percent — or have it dismissed entirely. It depends on the facts.

What pushes the split in your favour when you've hit a double-parked car:

• The car was in a genuinely dangerous position — around a blind corner, on a bend, in a spot where nobody could reasonably expect a parked vehicle
• Poor visibility — night, no lighting, no hazard lights on the parked car
• No reflectors, no lights, dark-coloured vehicle
• The car was obstructing a live traffic lane, not just a parking bay
• You had no reasonable alternative — you were boxed in and had to manoeuvre

What pushes it against you:

• Daylight, clear visibility, and you simply didn't look
• You knew the car was there and misjudged the gap
• You were reversing without checking — the classic
• You were on the phone or distracted
• You were going faster than the situation warranted

A useful comparison is our article on emergency lane accidents, where a Malaysian court loaded significant extra contributory negligence onto a motorcyclist whose own conduct was unlawful. The principle runs both directions: unlawful conduct by either party can move the percentages. See also: [You cilok the emergency lane and got hit](/p/if-an-accident-happens-in-the-emergency-lane-who-is-at-fault-in-malaysian-law)

3. What double parking actually costs

Worth knowing whichever side you're on.

Double parking is a traffic offence. It's commonly compounded at around RM300, though rates vary by council and enforcement is discretionary.

Who enforces it is the part most Malaysians get wrong. Double parking is generally a local council matter — DBKL in KL, MBPJ in Petaling Jaya, and your municipal or district council elsewhere. If you call the police or JPJ, they'll typically refer it to the council anyway, unless an officer happens to be nearby.

So the number to call is your local council's enforcement line, not 999.

It's also worth being realistic: enforcement of double parking in Malaysia is thin, which is exactly why the practice is so widespread. A long-standing public complaint is that officers will readily ticket a car on a yellow line while ignoring the car blocking three others.

Note on summonses: double parking is among the offences typically issued as a POL 170A summons — issued when you're not present, left on your car or mailed to you. Unpaid summonses can lead to blacklisting, so don't ignore one on the assumption nobody saw you.

4. If you're the one blocked in

This is the more common Malaysian experience, and there's a right and wrong way to handle it.

The wrong way — and it's a criminal offence. Police have publicly warned Malaysians not to damage double-parked cars. Smashing a window, keying the paint, slashing tyres or shoving the car hard enough to damage it turns you from the aggrieved party into a defendant facing a mischief charge under the Penal Code. Your frustration is legitimate. The response isn't.

The right way:

1. Look for a note. Many double parkers leave a phone number on the dashboard. Call it. Most people move within minutes.
2. Ask at nearby shops. In a shoplot row, someone usually knows whose car it is.
3. Call your local council's enforcement line. DBKL, MBPJ, MBSA, or whichever applies. That's who can issue the compound and, in some cases, arrange towing.
4. Photograph everything — the position of both cars, the plate number, the time. If this escalates, that's your evidence.
5. Wait, or get a Grab. Unsatisfying, but cheaper than a criminal record.

On pushing the car: the Malaysian convention is that a considerate double parker leaves the car in neutral with the handbrake off, precisely so it can be pushed aside. If they've done that, pushing it is the intended use. Make sure the ground is level, the steering is straight, and there's somewhere safe for it to roll. If the handbrake is on, don't force it — you'll damage the car and inherit the liability.

5. If you've hit one — what to do at the scene

Order matters here.

Don't drive away. Leaving the scene of an accident causing damage is a serious matter and turns a straightforward insurance claim into something much worse. Even if the other car was parked illegally.

Photograph before anything moves. Position of both vehicles, the damage, the surrounding area showing why the parking was problematic, road markings, lighting, and any signage. The position evidence is the whole case — once cars are moved, it's gone.

Look for the owner. Note on the windscreen, nearby shops, or wait a reasonable time.

Leave your details if you can't find them — name, phone number, plate. This is both decent and legally sensible; a note is far better than being traced later via CCTV.

Lodge a police report within 24 hours. This is standard in Malaysia and insurers generally require it.

Notify your insurer, even if you're hoping to settle privately. Late notification can jeopardise cover.

Consider the private settlement carefully. For minor damage, many Malaysians settle cash to protect their No Claim Bonus. That's a legitimate choice — but get it in writing, with both parties' details and a statement that it's full and final settlement, or you may find a claim arriving later anyway.

6. The insurance side

Third-party claim — you claim against the at-fault driver's insurer. If you're the one who hit the parked car, you're likely the at-fault party, so this runs against you.

Own Damage claim — under a comprehensive policy you claim from your own insurer for your car's damage, subject to excess and NCD consequences.

Own Damage Knock-for-Knock (OD-KfK) — for a not-at-fault driver with comprehensive cover, this allows claiming from your own insurer instead of chasing the other party's, with NCD protected. Bank Negara's Claims Settlement Practices Policy Document requires insurers to offer this option and explain the NCD position.

If you're the parked car owner and someone hit you and left: that's a hit-and-run. Police report, and if you have comprehensive cover, ask your insurer about a no-fault own damage claim. Check nearby CCTV quickly — footage is often overwritten within days.

A note on dashcams: a motion-sensor dashcam that records while parked is genuinely useful here, both for hit-and-runs and for proving position after a dispute. Cheap insurance against exactly this situation.

What to actually do

If you hit a double-parked car:

• Stop. Don't leave.
• Photograph positions before anything moves.
• Find the owner or leave your contact details.
• Police report within 24 hours, notify your insurer.
• Expect to carry a substantial share of the blame, but gather evidence of the illegal parking — it can reduce your percentage.

If you're blocked in:

• Look for a note, ask nearby shops.
• Call your local council, not the police.
• Photograph the obstruction.
• Never damage the car. That's a criminal offence and it converts your grievance into a charge.

If you double park:

• Leave your phone number clearly visible on the dashboard.
• Neutral gear, handbrake off, steering straight, on level ground.
• Stay within sight if you can.
• Understand you may still kena saman, around RM300, and that you'll bear some responsibility if something happens.