What Happens When You Get Hit in a Parking Lot?

Though parking lots may seem like the most unlikely place in which an accident will occur, the truth is that parking lots are like the Wild West of the retail world. According to a recent news report, as many as one in five auto accidents occur in parking lots. This is in large part due to the fact that as many as two-thirds of drivers drive through parking lots distractedly, with as many as 56% of survey respondents admitting that they text when moving through the aisles.

Distracted driving is only part of the problem. It is not uncommon for harried drivers to speed through parking lots, cut through spaces and blow through crosswalks without checking for pedestrians. Combined, all these factors contribute to the high rate at which parking lot accidents occur.

Fortunately, many parking lot accidents result in little more than property damage. Despite this, they can cause significant stress for individuals forced to seek repairs, especially when the person who causes the accident flees the scene. If you or your vehicle was involved in a parking lot accident, it is important that you know how to proceed in both a hit-and-run situation and a situation in which you can identify the driver. By understanding your rights and responsibilities, you can move on from the event with as little stress and hassle as possible.

How To Handle the Situation With a Known Driver

If you are one of the lucky few who witnesses the person who hits your vehicle in a parking lot, or if another vehicle collides with yours while they are both in motion, you would handle the situation as you would any other car accident. Assuming both you and the other driver do not sustain injuries, you would do the following:

• Exit your vehicle and exchange personal information, including names, addresses, telephone numbers and other relevant information.
• Exchange insurance information with the other driver.
• If you notice any witnesses, ask if they would be willing to provide a statement and/or their contact information.
• Write down the other driver’s license plate number and make note of the time, date and location of the incident.
• Take note of the make and model of the other vehicle.
• Take photos of the damage and the scene of the accident, as both can help to establish fault.

Should You Call the Police for a Parking Lot Accident?

Unless you or another party sustains injuries in the accident, contacting the local police is not necessary. If you do feel compelled to contact the police, it is unlikely that the department will send a squad car out. However, most state laws require you to call law enforcement if one of the following is true:

• The value of the property damage exceeds $1,000. Though parking lot accidents are typically minor, it does not take much to accrue $1,000+ in vehicle damages. As an example, minor dent repair can run as high as $2,500, depending on the size of the dent and where you live. If you suspect your repairs will be costly, err on the side of caution and contact local law enforcement.
• Someone sustains a personal injury. The law requires you to call the police for medical assistance if a person involved in the accident sustains an injury. The officer who arrives at the scene will file a police report, which you can retain for insurance purposes if necessary.

If you are unsure of whether an incident merits a call to the police, call 9-1-1 just in case. The dispatcher can advise you on how to proceed based on the information you provide.

How To Handle a Hit and Run

Unfortunately, many parking lot accidents are hit-and-run incidences. If you come out of a store or building and discover that your car has damage it did not have when you went in, there are a few things you can do to protect your rights:

• First and foremost, ask for witnesses. If someone witnessed the event and happened to make note of the license plate number for you, the driver is no longer unknown, and you can file a police report against him or her.
• If you cannot find any witnesses, ask the store or building owner about surveillance footage, which could reveal the identity of the perpetrator or, at the very least, the make and model of the vehicle.
• Take photos to document the damage and the location of your vehicle in the parking lot. Also, make note of the date and time you were parked there.
• Finally, contact your insurance company right away. The agent can let you know if you have collision coverage or uninsured motorist coverage, both of which help to cover the cost of repairs if another vehicle hits your own. He or she can also advise you of whether it would be in your best interests to pay for damages out of pocket to avoid a rate increase.

It is important to keep in mind that hitting a vehicle and fleeing the scene is a crime. You should file a report with the police, who may be able to help you identify the perpetrator and issue appropriate sanctions.

What If the Offender Leaves a Note?

It is not uncommon for people to hit parked cars and then, whether out of embarrassment or because they are in a hurry, leave a quick note before fleeing the scene. If the person who damaged your car was kind enough to leave a note with his or her name and contact information, reach out to him or her. If he or she does not answer or return your phone calls, give his or her name to the police department, who can contact him or her on your behalf.

What To Do If You Sustain Injuries

If you sustained injuries in the incident, your situation becomes much more serious than a typical parking lot accident. Call 9-1-1, which can send for medical help. If possible, exchange information with the other party as described above. Take photos of the scene and of your injuries. Avoid discussing the event in detail, though, and do not admit fault. Seek medical care as soon after the accident as possible, reports from which can help you build a strong claim against the at-fault party.

Will Insurance Cover the Damages in a Parking Lot Accident?

Whether and whose insurance will cover the cost of damages depends on several factors, including the following:

• State auto insurance laws (fault vs. no fault)
• Whether you can identify the other driver
• Whether the other driver has insurance
• What type of coverage you have
• Whether the event was a hit-and-run
• Whether you or your passengers sustained injuries

If you must go through your own insurance, whether because you live in a no-fault state or because you cannot identify the other driver, carefully consider whether filing a claim is worth it. In many minor accident cases, it is cheaper to pay for repairs out-of-pocket rather than deal with the rate hike that comes with filing a claim.

Seek Help From an Experienced Accident Attorney

Parking lot accidents rarely trigger the need for an attorney. However, if you would like to consult with a lawyer regarding your legal rights and options, feel free to contact Fielding Law at any time of day or night. Our team can assess the facts of your case and advise you on how to proceed going forward.

Sources: 

Fox 17 Michigan: https://www.fox17online.com/2017/12/11/know-the-law-crashes-in-parking-lots

National Safety Council: https://www.nsc.org/road/safety-topics/distracted-driving/parking-lot-safety 

Safety Insurance: https://www.safetyinsurance.com/resource_center/personalauto/accidentscene.html

Chase: https://www.chase.com/personal/auto/education/maintenance/how-much-to-fix-a-dent-in-a-car#:~:text=The%20dent%20repair%20cost%20may,and%20cost%20%24150%20or%20more.

Value Penguin: https://www.valuepenguin.com/hit-and-run-auto-insurance