Steps to Take If Your Car Was Hit in a Parking Lot
Few things are more frustrating than walking up to your vehicle in a parking lot and realizing that someone has hit your car. Whether you have a ding, a scratch, a dent, or worse, it can be enough to change the whole mood of your day as you try to determine what steps to take if your car was hit in a parking lot. There are multiple scenarios that may occur, and your specific situation will determine what you do next.
The damage has already been done, and now you just need to figure out the best way to obtain compensation for repairs. If you find yourself exclaiming, “Someone hit my parked car,” the experienced attorneys at O’Connor, Parsons, Lane & Noble can help.
Who’s Usually at Fault in a Parking Lot
Parking lots have their own informal rules, and fault often turns on them. A driver backing out of a space generally must yield to a car already traveling in the lane. The main aisles that feed the exits usually have the right of way over the smaller lanes between parked rows. When two drivers back out of opposing spaces at the same time and collide, fault is often shared. And a driver who was speeding, distracted, or ignoring posted arrows is typically the one responsible. Knowing the likely fault picture helps you know what evidence to gather, and our page on parking lot accidents covers the situations where someone is hurt.
Steps to Take If Your Car Was Hit in a Parking Lot
A parking lot hit and run accident occurs when the driver who hit your vehicle leaves the scene of the accident without stopping to fulfill their duties to the owner of the damaged vehicle. Generally, the liable party is required to make a reasonable effort to contact you. If the driver failed to leave a note, here are some reasonable steps to take:
Contact the Local Authorities
If the parking lot is in a facility that has security officers, you may want to start there. They can keep a record of what happened. It is also important to file an accident report with the police. The report could play an important part in proving material facts of the claim, such as time and location.
Check for Security Cameras
Some parking lots, especially those for retail establishments, business offices, or schools may have security cameras. These cameras may not always be visible, so it is important to ask. If the accident was caught on camera, you might be able to find important information like the car license plate number, a description of the driver, and the exact time the accident occurred.
Identify Witnesses to the Accident
You only have a short span from the time you discover the damage when there may be witnesses in the area. Make sure to look around and ask anyone nearby if they saw anything. There is a chance that someone may have been walking by or sitting in a vehicle when the incident occurred and can provide some information. Ask these witnesses for their contact information in case you need their testimony later on.
Take Photos of the Damage
Before moving your vehicle, take photos of the damage to your car. Even minor dings or paint scratches can be costly to repair. Make sure to also get photos of the entire parking lot, where your car is positioned, and what is next to it. These may be used as evidence or help depict what may have happened.
Review Your Insurance Policy
It is a good idea to review your insurance policy to determine what coverage is available. You may be covered if you have certain types of collisions or uninsured motorist coverage. Ideally, you will be able to find the responsible party.
If the at-fault driver is never identified, the repair may still be covered depending on your policy. Collision coverage can pay for the damage to your car regardless of who hit it, subject to your deductible, and uninsured motorist property-damage coverage may apply to a hit-and-run in some situations. If the driver is identified, you can pursue their liability insurance or, where appropriate, a claim against them directly. A quick look at your declarations page, or a call to a lawyer, can tell you which route actually gets your car fixed.
Contact an Attorney
It can be useful to reach out to a hit and run accident lawyer who can investigate your claim and gather additional details in pursuit of the responsible driver. If the driver is found, you may be able to seek compensation through their insurance or through a personal injury lawsuit.
Consequences for a Parking Lot Hit and Run
Leaving the scene of an accident is against the law in the case of injuries or a certain level of property damage. A person who causes property damage is required to stop or return to the accident scene and attempt to find the vehicle’s owner. Failing to do so could lead to a fine between $200 to $400 and up to 30 days in jail for a first offense. Points may also be added to the responsible party’s license.
The state does allow the responsible driver to meet their obligations by written notification. This is usually secured to the vehicle or provided in a way that the vehicle owner is likely to receive it. Information includes the driver’s full name, address, contact information, and insurance information.
New Jersey Car Accident Statute of Limitations
New Jersey requires drivers to report crashes involving injury or significant property damage to the police within 10 days, and most auto policies require you to notify your insurance company promptly. It is important that you meet these deadlines to avoid issues filing your claim. Just because you have filed an insurance claim does not mean that you have to accept a settlement offer. It is possible for an insurance company to undervalue the extent of the damage. Make sure you receive the compensation you deserve. An experienced lawyer can help assess your claim and negotiate on your behalf.
In some cases, you may be best served by filing a lawsuit. A lawyer can help determine if that is the best course of action. It is important that you file your case within two years of the date the accident occurred, or you will be barred from seeking legal recovery. Two years may seem like plenty of time, but the longer you wait, the more difficult it may become to obtain necessary evidence or contact witnesses.
When a Parking Lot Crash Involves an Injury
Most parking lot collisions are property-damage headaches, but not all of them. A car backing out can strike a pedestrian loading groceries, and a low-speed impact while you’re sitting in your car can still cause neck and back injuries. Some of those injuries don’t show up right away; our guide to hidden injuries after a car accident explains why. If you were hurt, get checked by a doctor promptly and keep every record, because an injury claim works very differently from a claim for a dented bumper.
Talking to Your Insurance Company
When you report a parking lot hit-and-run to your own insurer, stick to what you know: when and where you parked, when you found the damage, and what you’ve done since, such as filing a police report or requesting camera footage. Send your photos and the report number. Don’t guess about details you didn’t see. Ask whether the claim will be handled under collision or uninsured motorist property-damage coverage, what deductible applies to each, and how the claim will be classified on your record. If the other driver is later identified, tell your insurer right away, because it may be able to recover what it paid, including your deductible, from that driver’s insurance.
Getting Your Car Repaired Properly
You’re generally free to choose your own repair shop rather than one the insurer recommends, and it’s worth getting an independent estimate if the insurer’s number seems low. Parking lot damage that looks cosmetic can hide problems underneath, such as bent bumper supports or damaged sensors on newer cars, so ask the shop to check. If the at-fault driver is identified, their insurer may also owe you for a rental car while yours is in the shop and, in some cases, for the loss in resale value that an accident history causes.
If You Hit a Parked Car
If you’re the one who bumped an unattended car, New Jersey law expects you to stop and make a reasonable effort to find the owner. If you can’t, leave a note secured to the car with your name, address, contact information, and insurance details, and consider reporting it to the police or the lot’s security office as well. Photograph both cars before you leave. Doing it right protects you from a hit-and-run charge, and it costs far less than the consequences of driving away.
Do Police Respond to Parking Lot Crashes?
Parking lots are usually private property, and police practices for minor lot collisions vary from town to town. Some departments write a full crash report; others may only document the exchange of information, especially when no one is hurt. Ask the responding officer what will be filed and how to get a copy. If the police won’t take a full report, ask the store or property manager for an incident report, and keep your own photos and notes. Any written record made close to the time of the crash helps.
Can the Parking Lot Owner Be Responsible?
Usually the driver who caused the crash is the responsible party, but not always the only one. A property owner can share responsibility when a dangerous condition contributed, such as broken lighting, missing stop signs or directional arrows, blind corners created by poor layout, or potholes that caused a driver to lose control. Those claims fall under premises liability, and they’re most likely to matter when someone is injured rather than when the damage is limited to a bumper.
Contact Us Today
The award-winning New Jersey attorneys at O’Connor, Parsons, Lane & Noble have been awarded millions of dollars on behalf of our clients. We are real people like you, and we understand that unexpected damage to your vehicle can be extremely frustrating and cause a financial burden. If you find yourself saying, “someone hit my parked car,” let us help you understand the steps to take if your car was hit in a parking lot and get the compensation you need to repair or replace your vehicle. Contact us to schedule your case consultation.