Who is at fault??

[jessie0054]

What is the name of your state (only U.S. law)? My State is MO
But this is about South Carolina;
About 2-3 weeks ago my son and grandson were involved in a headon Collision on a 2 lane highway in South Carolina. They were coming home after dinner out.
The other driver was in his lane stopped. Apparently she had been following her sister when the sister's car broke down in their lane and instead of the sister who was following pulling her car off the roadway she pulled up along side of her sister's car and got out of the car leaving her headlights on . This is about 10:30 pm it had been misting rain and the light were shining on the roadway so my son didn't know the car was stopped his his lane of traffic. He applied his breaks when he realized the car was in his lane but he hit it anyway. The lady saw him coming at her and she ran to the back of her car. The car ran over her.
The Officer who worked the accident said she was clearly at fault for stopping in his lane and getting out of her car. She was issued a citation he wasn't.
Last week his insurance company was going to issue him a check to cover his car. But today they told him they were going to cover the other driver's car because he was at fault for hitting a parked car.
How can this be and is it right??
What can he do?? He needs his car repaired.
Thanks, Jessie

 

[seniorjudge]

If you hit a parked car, you were obviously not driving properly.

 

[cyjeff]

Regardless of where it is parked.

 

[JustAPal00]

There is no excuse for hitting a stationary object other then you weren't in control of your vehicle! Would it have made a difference if the other car was facing the same way your son was driving and he had rearended her? She was cited for stopping in the roadway not causing an accident!