Generally speaking, the driver in motion is considered to be at fault when a parked car is hit, even if the car was parked illegally.
The exception to this would be if the car was parked in a dangerous, hard-to-see location and the driver in motion could not have reasonably avoided hitting it.
For example, if a car is parked on a sharp curve in the travel lane of a narrow road, and the driver of a car driving around the curve at the speed limit would not be able to see the parked car until too close to it to avoid a collision, then the driver might not be liable for damage to the parked car, and indeed the driver who parked the car might be liable for damage to the car that hit it.
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