Are You Liable if You Hit a Car in a Private Car Park?

Car accidents are so common that every driver should assume they will experience one at some point, and when it happens, the inevitable question of liability will come up. Sometimes it is easy to tell who is at fault, but most of the time, there are factors to consider before assigning responsibility. If you were in an accident involving a collision with a parked car, the question of fault may not be as straightforward as you think.

Who Is Liable if You Hit a Car in a Parking Lot?

Most parking lots are private, but in general, hitting a parked car in a private lot is not very different from hitting a parked car anywhere else. In most cases, if you hit a parked car, you are responsible for the damages. Examples of situations where you would be at fault include:

• Hitting another car as you pull into a parking space
• Hitting another car while parallel parking
• Parking too closely and hitting a car with your car door when you get out
• Bumping another car as you back out of a space

In general, if you could have avoided the accident by being more aware of your surroundings, you are likely responsible. However, under certain circumstances, neither you nor the parked car owner is at fault. For example, if you had to swerve suddenly to miss a pedestrian that walked out in front of your car, you may be less liable.

What if the Other Car is Illegally Parked?

You may still bear 100% responsibility for the accident in most cases, even if the other car parked illegally. However, when the car owner parked illegally in a spot that affects visibility, they may share fault for the accident. For example, if the car is in an area where some structure blocks your ability to see it, you may not have a reasonable amount of time to avoid colliding. On the other hand, if the parked car is in a fire zone or parked in an area of the lot without a parking spot, you are likely responsible for damages because the car was visible. The other driver will face repercussions for the illegal parking.

What if You Both Share Fault?

Every state follows the pure or modified comparative negligence rule in a car accident lawsuit. If both of you share responsibility for the accident, you both share the cost of damages. In a state that follows pure comparative negligence, the plaintiff may receive compensation even if they are more responsible than the defendant. Modified comparative negligence requires a percentage of fault equaling less than 50% to seek compensation.

What Will Insurance Cover? 

Three types of insurance apply to this situation under differing circumstances:

1. Liability insurance covers the other vehicle’s damage when you are at fault. 
2. Collision insurance covers damages if someone hits your car and runs.
3. Uninsured motorist insurance covers damages when the person that hit you does not have insurance. The details of this coverage vary in different states. For example, some states require a deductible while others do not. Additionally, some states do not offer this coverage at all.  

If you are responsible for the accident, you may face a policy cost increase as a result. Still, many insurers offer accident forgiveness for loyal customers with a clean accident record. Therefore, reporting the accident to your insurer is important, even if it may cause your rates to go up. If you do not, you will have to pay for the damages out-of-pocket, which usually amounts to more than the increase in your insurance rates.

What Steps Do You Take After Hitting a Parked Car?

If you hit a parked car in a private lot, it is natural to feel a slight wave of panic, but the best thing you can do is take a moment to breathe and follow these steps:

• Assess yourself for possible injuries, even if the accident was just a low-impact fender bender.
• Do not leave the scene. Many private car parks have security cameras, and although the penalties for a hit-and-run accident vary from state to state, they are likely harsher than the penalties for hitting a parked car and reporting it.
• Make an asserted effort to find the owner of the car, even though finding the owner could be difficult. In most states, the minimum requirement is to leave a note on the car with your name, contact information, and insurance information, as well as a simple explanation of how the accident happened. Never over embellish with apologies or admissions of guilt. 
• Contact the police if you see damage or have injuries. In some states, you must report any accident regardless of the severity. However, if anyone suffered an injury and you fail to report it, the penalties are more severe.
• Use your phone or a camera to document the accident. Take photos of the damage on both vehicles and any visible bodily injuries. Get shots of the area to better picture the circumstances leading up to the accident. If you can, record a short video and talk about what happened in detail while you can still remember everything clearly.
• As you wait for the police, collect name and contact information from witnesses. It helps to have someone corroborate your story.
• Contact an attorney as soon as possible. An experienced car accident attorney will advise you of your rights and help you avoid making mistakes that could cause you harm.

This is just the baseline of what happens in a minor parked car accident. Every situation is different, and there are usually additional factors that may affect the case’s outcome.

What if You Left the Scene Without Thinking?

Hit and runs usually happen because the person at fault panicked and reacted without considering the possible consequences. If you hit a parked car and left the scene without contacting the police or leaving a note, you can circle back and try to make it right. If the car is still there, you can follow the abovementioned steps to resolve the issue. If the owner of the car left, you have a few options:

• You can still contact the police and give them an honest explanation of what happened. If the other driver filed the report, they may find them using the details you remember about the car. Even if they cannot locate the other driver, you may still face repercussions for the hit and run. However, this is likely a better option than letting them find you.
• The better option is to contact a hit-and-run attorney and allow them to speak to the police for you. Without a complete understanding of the law, you may misrepresent yourself when talking to the police or overshare information.

You can do the right thing without punishing yourself more than necessary. An attorney can help you understand how to do that.

Can a Car Accident Lawyer Help?

Whether you hit a car in a private car park or your car was hit, you can benefit from speaking to a car accident lawyer. The attorneys at Fielding Law know the local laws that govern this type of accident and can answer your questions. As a result, we can provide you with peace of mind and walk you through the next steps. Contact Fielding Law today for a free case evaluation and learn about your options moving forward.