Auto Insurance Claims: Truck in a compact car space, mail return receipt, certified mail

Question
This is more like “accident-prevention” kind of question though -

I am currently living in an apartment where all the parking spots are assigned by a resident manager.  The problem is that she assigns non compact cars, including a truck and SUVs to compact spots, and she refuses to re-assign those oversized vehicles to regular parking spots.

Currently a truck parks right next to my assigned spot (of course, both compact spots), and I am afraid one day soon he hits me or I hit him because the spot is very small not only width-wise, and but also depth-wise. I repeatedly ask her to re-assign the spot but she just told me to park at the assigned spot.  That's it.

In case the truck hits me or I hit him, whose fault is it?  
Is it going to be 100% driver’s fault?  Or is it the apartment manager’s fault?

Is there any guideline or regulations for the compact spots?

Answer
Hi Natty,

Any time you hit a parked vehicle you are at fault regardless of the size of the parking space.

However, if a hazardous condition exists and the apartment complex is aware of this and did nothing to correct the problem then they can be held at least partially responsible. The problem is proving it and then collecting. If you want to hold them responsible for the situation, you should send them a letter by certified mail/ return receipt requested. In you letter you need to point out the problem and the faxt that you have brought the problem to the apartment manager many times. You should ask that corrective action be taken or they could be held responsible for any damage that occurs.

Keep in mind though that if you send this letter, they may view you as a trouble maker and may either kick you out of your apartment or may not renew your lease when it expires.

Another possible solution would be to ask that your parking space be moved away from the area where these trucks park.

I hope this helps
Richard Hixenbaugh