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Can I File a Claim if Someone Hits My Parked Car?

Posted on behalf of Anderson Cummings on Dec 21, 2021 in Auto Accidents

parking lot Parking lot accidents are more common than many people think. According to a recent report, roughly 20 percent of auto collisions occur in parking lots, which accounts for about 50,000 accidents per year in the U.S.

If your parked car was hit by someone else’s negligence, you have the right to pursue compensation for your damages. Our car crash attorneys in Fort Worth are prepared to help you file a claim to help you recover maximum compensation.

The consultation is free and there are no upfront fees.

Common Parked Car Accident Scenarios

An accident involving a parked car may occur in one of several ways, but the common factor in each scenario is generally negligence. For example, a driver may have been distracted by his or her cellphone or something else and crashed into one or more parked vehicles. Sometimes intoxication may have also played a part in the crash.  In some cases, a person may have still been inside the parked vehicle that was hit.

Some common parked car accident scenarios include:

  • Parallel parked vehicles on the roadside getting hit
  • Drivers who back into other vehicles in narrow parking lots
  • Poor depth-perception or vehicle size calculations while pulling into a parking spot

If you were sitting in a parked vehicle that was hit by another car, you may have still suffered some injuries, even if the accident was a low-impact collision. Some of the most common parked car accident injuries include neck and back injuries, but there may be more serious injuries if the at-fault vehicle collided with yours with significant force.

In fact, injuries from high-impact parked car accidents may sometimes be even worse because most people do not wear seatbelts while sitting in a vehicle that is not moving, due to their perception there is a low risk of a crash.

Determining Fault for a Parked Car Accident

Establishing which party is responsible for a parked car accident may be easy or difficult, depending on where the vehicle was parked when it was hit. Usually, the owner of the parked vehicle is not the liable party, as the moving vehicle’s driver should have been paying attention to where he or she was driving and could have avoided hitting a parked car. However, there are some cases when the driver of the parked vehicle may be the one responsible for the crash. For example, the driver of an illegally parked vehicle may be partially at fault for a parked car crash.

If you are the driver who hits a vehicle that was illegally parked in an area with poor visibility, you might not be found at fault for the crash. This means you would be able to file a claim for compensation from the liability insurance of the owner of the parked vehicle.

The burden of proof would lie with you, though, to prove the negligence of the owner of the parked vehicle is what caused the accident.

In some rare cases, neither driver may be the liable party for the crash. This could be the case if there is poor visibility or lighting in a parking garage that resulted in a collision. In this type of scenario, the owner of the property may be held liable for the crash because the property was not reasonably safe enough for drivers.

To help prove someone else’s negligence caused the crash, be sure to call the police to file a report and gather as much evidence at the scene as possible. Taking photos of what the scene looked like may be helpful, especially if you are trying to prove low visibility may have played a factor in the crash.

Will Insurance Cover Damages?

Once fault is established, you may be able to file a claim with the liability insurance of the at-fault party to recover the costs of your damages.

Keep in mind that the insurance company is going to do everything in its power to try and deny or devalue your claim, including arguing that you were partially at fault for the crash.

What if the At-Fault Party Left the Scene?

If the driver who crashed into your parked vehicle left the scene of the accident and did not leave his or her contact or insurance information behind, you will likely need to turn to your own uninsured motorist coverage to recover compensation for medical bills and other economic damages.

Our attorneys may be able to help you get information on the driver who caused the crash. For example, we may be able to reach out to potential eyewitnesses who may be able to identify the type of car or get a license plate number.

Call an Experienced Attorney

If you were injured by someone who crashed into your parked car, you may be able to recover compensation for things like medical bills, lost wages and other damages.

Our attorneys have over 50 years of combined experience helping injury victims and have successfully recovered millions in compensation on behalf of our clients.

We offer a free consultation to discuss your legal options and charge you nothing upfront. There is no risk to you.

Call (877) 920-9009 to learn more.