Who is at fault for hitting a parked car?

In most cases, the driver who hits the parked car is at fault. The parked car is not moving and cannot move out of the way, while the driver has a duty to pay attention and usually has the ability and opportunity to see the parked vehicle and avoid the crash.

Can a parked car be at fault?

Yes, there are exceptions where a parked car owner may share fault under comparative negligence principles. Responsibility can be compared between the parked car owner and the driver who hit the car, and fault may be split by percentage depending on who had the ability to avoid the crash.

Who is at fault for hitting an illegally parked car?

It depends on why the car was parked illegally. If the illegality has nothing to do with visibility (for example, a car in a fire lane or a double-parked car), the driver who hits it is probably still 100% at fault, though sometimes the parked vehicle may share a percentage of fault. If it is illegal to park there because the vehicle is difficult to see, the owner may have comparative fault, and in extreme cases where it is essentially impossible to see the illegally parked vehicle (such as on a dark, unlit severe curve with the parked car partly in the lane and lights off), the illegally parked car may be 100% at fault.

Who is at fault for hitting a parked car in a parking lot?

The same rules generally apply in parking lots as on roadways. The person or persons who had the opportunity to avoid the accident will be at fault. In common parking-lot situations—parallel parking, pulling into a space, backing out of a space, or striking a car with your door when opening it—the driver usually has the opportunity to see the parked car and avoid it, so the driver will most likely be at fault.

Who is Liable When Hitting a Parked Car?

Q: What should you do if you hit a parked car?

Leaving the scene is against the law in every state, even though hitting a parked car is an accident. You should make reasonable efforts to find the owner and notify them (including asking nearby people or checking businesses if it happened in a parking lot). If you cannot find the owner, leave a note with your name, address, contact phone number, a brief explanation of the accident, and your insurance information (keep it short and place it conspicuously, such as under the windshield wiper). Gather evidence from the scene, including photos of the damage and license plates, and get witness names and phone numbers if available. The page also recommends reporting the accident to your insurance company, since failing to report immediately and trying later may risk the company not paying for the damage to the other car.

A man making a phone call while examining a damaged car. Find out who is at fault when hitting a parked car.

In most cases, the driver of the vehicle who struck the parked car is at fault when hitting a parked car. Drivers have a legal duty to stay in control and avoid stationary objects, so they often hold most or all of the blame.

Parking lot accident cases are not always as straightforward as they initially appear. If you were involved in a crash in a parking lot, a Tampa car accident lawyer from Distasio Law Firm can assist with your case and help you recover compensation.

Who is At Fault When Someone Hits a Parked Car?

In most cases, the driver who hits the parked car is responsible for the collision. Drivers must maintain control of their vehicles, pay attention to their surroundings, and avoid striking stationary objects or vehicles. A driver who backs into a parked car, misjudges a parking space, or loses control while driving through a parking lot is typically liable for the resulting damage.

However, liability can change depending on the circumstances of the crash. For example, a driver might not be solely responsible for hitting a parked vehicle if another motorist forces them off the road or a mechanical failure causes them to lose control of their own vehicle.

A parking lot accident attorney from Distasio Law Firm can investigate your accident and help determine who is at fault.

Who is at Fault if the Car is Illegally Parked?

The driver of the moving vehicle is still typically at fault when they hit an illegally parked car. However, in some cases, the owner of the illegally parked vehicle might also share fault. Liability may shift to them if:

They stop their car on the side of the road with part of the car in the lane.
They stop their car in the middle of a severe curve on the road.
They stop their car on a dark road with poor visibility.

How much responsibility is assigned to the owner of the parked car depends on how difficult it is to see their vehicle. A car accident lawyer from Distasio Law Firm can help ensure you are not assigned an unfair percentage of the blame for your crash.

How Does Comparative Negligence Affect Fault?

Florida follows a modified comparative negligence system. According to this rule, you generally cannot recover damages for a car accident if you are found to be 51% or more at fault. If your fault is 50% or less, you may pursue damages, but your compensation will be reduced by your percentage of responsibility.

For instance, if your damages total $10,000, and you are assigned 20% of the responsibility for the accident, you would be awarded $8,000.

The other driver’s insurance company may try to blame you for the crash to avoid paying you for it. A car accident attorney from Distasio Law Firm can help counter these allegations with evidence and fight for the compensation you deserve.

Should I Admit Fault If I Hit a Parked Car?

No, you should not admit fault if you hit a parked car. There is no benefit to apologizing to the vehicle’s owner. Simply provide your contact and insurance information and let insurers determine fault. Any statements you make at the accident scene can be used against you later on.

In addition, when you report the crash to your insurance company, you should avoid guessing about the extent of the damage, the cause of the collision, or whether anyone was injured.

How Long Do You Have to File a Claim in Florida?

Under Florida Statute § 95.11, the general statute of limitations for personal injury claims in Florida is two years from the date of the accident. Property damage claims must typically be filed within four years. If you don’t file a claim before the applicable deadline expires, you will forfeit the right to seek damages.

Special rules can apply in certain circumstances, such as if your case involves a government-owned vehicle or delayed injuries. A personal injury lawyer from Distasio Law Firm can explain how much time you have left to pursue a claim.

What Types of Damages Can You Recover?

The compensation available after someone hits a parked car depends on the losses you suffered, the insurance coverage available, and who is responsible for the crash. You may be able to recover compensation for:

Vehicle repair costs: You may recover the cost of restoring your car to its pre-accident condition.
Total loss value: If repairs are not economically reasonable, your compensation may be based on the vehicle’s actual cash value.
Diminished value: A vehicle may lose market value because of its accident history, even after proper repairs. Depending on the circumstances and available coverage, you may be able to pursue compensation for this loss.
Towing and storage fees: You can recoup reasonable expenses associated with removing and storing a damaged or undriveable vehicle.
Rental car expenses: You may be able to recover reasonable transportation costs while your vehicle is being repaired.

If the collision caused bodily injuries, additional damages may be available, such as medical expenses, lost wages, reduced future earning capacity, and pain and suffering. A personal injury attorney from Distasio Law Firm can review your case and break down the damages you are entitled to.

What Should You Do if You Hit a Parked Car?

Hitting a parked car is not a crime, but leaving the scene of an accident is against the law in every state. After this type of crash, you should:

Look for the Owner

In most states, you are required to make reasonable efforts to find the owner and notify them of what happened. You may have to walk up and down the street and ask people if they are the owner. If it happened in a parking lot, you may have to go into the businesses in the parking lot to try and find the owner.

Leave a Note for the Owner

If you have looked around and there is no owner in sight, leave a note. The note should contain your:

Name
Address
Contact phone number
Insurance information

Anything you put in the note is evidence that can be used against you, so make sure the note is short and to the point. Put the note in a conspicuous place, such as under a windshield wiper.

Gather Evidence from the Scene

The most important evidence will be photographs of the damage and the other car’s license plate. These photos are important because they protect you from the owner trying to claim more damage than was actually caused or claiming a different car was damaged.

Next, you will want to see if anyone witnessed what happened. If so, get their name and phone number. In addition, if they will let you, record or write down their description of what happened.

Report the Accident to Your Insurance Company

You may be tempted to skip reporting the accident to your insurance company so your insurance rates don’t go up. However, the cost of paying for the repairs yourself is usually more than the rate increase.

If you fail to report the accident immediately after the event and try to report it later, your insurance company may not pay for the damage to the other car. We recommend reporting your accident and contacting Distasio Law Firm immediately after a crash.

What to Do If Someone Hits Your Parked Car

Discovering damage to your parked car can be frustrating, especially if the responsible driver is nowhere to be found.

If this happens to you, it’s important to:

Report the incident: If the crash caused injuries or resulted in significant property damage, notify your local police department or Florida Highway Patrol.
Photograph the damage: Take clear pictures of the affected areas, the vehicle’s position, nearby debris, and the surrounding location.
Look for witnesses or cameras: Ask nearby property owners, residents, or businesses whether they saw the collision or have surveillance footage.
Gather information: If the driver left a note, preserve it. If any witnesses are present, exchange contact info with them.
Seek medical attention: If you suffered any injuries, visit Tampa General Hospital, St. Joseph’s Hospital, or another nearby emergency room.
Notify your insurer: Ask whether your policy covers the damage and what documentation is needed to open a claim.
Talk to a lawyer: If the insurer disputes liability, undervalues your vehicle, or refuses to pay a valid claim, an attorney from Distasio Law Firm can step in and help you obtain compensation.

Consult a Car Accident Attorney

Determining who is liable for a parked car accident can be challenging. If you were involved in a collision with a parked vehicle, a car accident attorney from Distasio Law Firm can investigate the incident, determine who is responsible, and help you recover compensation for your losses.

Book a free consultation to discuss your situation with an experienced attorney.

Who is At Fault When Hitting a Parked Car?