You’re in a San Diego parking lot trying to find an open spot. Suddenly, you feel a jolt and hear a thud. You just know you’ve hit a parked car. No one is around to see what happened, and the car is empty. You’re unsure of what to do, so the panic starts setting in. In situations like this, it’s important to stay calm and follow the proper steps. California law requires drivers involved in accidents to take specific actions, and failure to do so can result in unwanted consequences. Here’s what you need to know if you accidentally hit a parked car.
What Should You Do Immediately After Hitting a Parked Car?
It’s normal to feel anxious and overwhelmed after a collision, even if it’s not a dramatic crash. So, following a specific checklist can make the process much easier. To avoid severe legal repercussions and minimize the fallout of hitting a parked car in California, you need to know what is required of you as the potentially at-fault party.
1. Stop Your Vehicle Safely
After any car accident, drivers must pull over and stop their vehicle away from oncoming traffic. Stay close to the collision site in case the car owner returns. If your vehicle cannot move or is emitting oil, petrol, or smoke, leave it exactly where it is and get to safety immediately.
2. Check for Damage and Injuries
If it’s safe to do so, stop your car and put it in park with the hazard lights on. Walk around both vehicles to check for damage. Examine them both carefully and determine the extent of the structural damage. Make sure that there weren’t any passengers or animals in the other vehicle who may have been injured. Check all sides of the vehicle you hit, as it may have been pushed into another car.
3. Locate the Vehicle Owner
Attempt to find the unattended vehicle’s owner. It can be helpful to ask store managers to announce the license plate number on the loudspeaker so the person can be found quickly. The law mandates that you must make reasonable efforts to locate the car’s owner before you leave the scene.
4. Leave Your Contact Information
If you are unable to find the person, you must leave a note on their car. Include your full name, phone number, physical address, and insurance information, and put the note under the windshield wiper blade. You have a legal duty to communicate what has happened and to provide the vehicle owner with a means to contact you.
5. Document the Scene
Before leaving, it’s important to document the collision thoroughly. Take photos and videos of both cars, including damage to the body and paint transfer. Photograph anything that may have contributed to the crash, such as potholes, poor lighting, bad parking space design, or a lack of signage. Gathering visual evidence is also important because it protects you from exaggerated or fraudulent claims later when the owner contacts you or your insurance company.
6. Report the Crash to Police
If the vehicle has extensive damage that appears to be expensive to fix, you need to report the accident to the police. Depending on the circumstances, officers may come to you at the scene to create an official police report. These reports play a crucial role in determining fault during legal proceedings. You also create an objective timeline of events by reporting the crash.
California Law Regarding Hitting a Parked Car
California laws, such as California Vehicle Code § 20002, require drivers to stop safely, locate and notify the owner, leave a note in a visible, easy-to-see place if the owner cannot be found, and contact the police. Anyone who hits a parked car and does not comply with this code can be imprisoned or fined, or both. The vehicle owner can also file a civil lawsuit against you to recover compensation for the property damage you caused.
What Happens if You Leave the Scene?
If you crash your vehicle and leave the scene, the accident is classified as a hit-and-run in California, even if the damage is minor. A hit-and-run resulting only in property damage is a misdemeanor, while fleeing a crash that caused injuries is a felony. Depending on the severity of the crash, you can be fined, you can go to jail, you may receive points on your license, or you can face legal action, either civil or criminal.
Even if you think no one saw it happen, CCTV footage, paint transfer evidence, and witness statements are regularly used to catch drivers who leave accident scenes. It’s very rare to escape with no consequences. Most hit-and-run drivers are identified within hours and are confronted with significantly worse repercussions than if they had stayed and dealt with the crash correctly. Paying for vehicle repairs isn’t ideal, but when the alternative is going to prison, it’s always better to follow the law.
Who Is At Fault if I Hit a Parked Car?
In almost every parked car accident, the moving driver is at fault. When a car is parked legally with no one inside, that driver can’t be negligent. There are some exceptions, but they rarely apply. If you hit a car that is parked illegally, blocking a lane or creating an unavoidable hazard, the owner of the parked car can share liability. However, if you are driving through a parking lot and you hit a car parked correctly in a parking space, you will be held responsible.
What If I Hit a Parked Car But There’s No Visible Damage?
After a driver hits a parked car, and there are no obvious dents, they often assume that everything is fine and drive away. This move is particularly risky because bumper sensors, paint, and structural components can be damaged without outwardly visible signs. California law still requires you to leave your contact information even when the damage appears negligible. Driving away is still a hit-and-run. Remember, taking photos immediately is the best way to protect yourself against later false or exaggerated claims.
Will Insurance Cover Damage if I Hit a Parked Car?
Drivers protect themselves with auto insurance, so they don’t lose their assets or take major financial hits in the event of a crash. However, every policy is different, and the exact coverage provided depends on several factors outlined in your contract. Most insurance company require their policyholders to report every collision, regardless of the severity. Let’s look at the different types of coverage that may apply in your situation.
Liability Coverage
In California, drivers must have mandatory minimum insurance that covers physical harm and property damage they cause. This coverage can help you pay for the vehicle owner’s property repair expenses. The amount paid by your insurer depends on your specific policy, but keep in mind that if the repair costs exceed your insurance maximum, you may have to cover the outstanding amount yourself.
Collision Coverage
Collision coverage is an optional addition to most auto insurance policies that covers the repair costs for damage to your own vehicle after a crash. There is typically a deductible that must be paid before benefits kick in. Collision coverage is critical if you hit a parked car. Since you will most likely carry the majority of the liability, there may not be enough compensation to cover your vehicle repairs.
What if Somebody Hit My Parked Car?
Discovering that your car has been hit while you were away can be tremendously frustrating because your financial recovery often depends on the liable party’s actions after the crash. If there is a note, you can easily file a claim against their insurance. However, if there isn’t a note and the driver isn’t caught, your own collision coverage or uninsured motorist insurance will handle the claim. It’s important to know what to do if you are a hit and run victim.
Look for a Note
Inspect your vehicle for any notes or messages. A responsible driver will leave their contact information before leaving. If you find a note, contact them to discuss insurance or have your attorney contact them on your behalf. If the damage is severe and you can’t find a note, contact law enforcement to help identify the responsible party.
Document the Damage
Examine your vehicle thoroughly for any scratches, dents, or broken components. Take photos from several different angles of everything that may be important. Documenting the scene now will help you back up your claim and minimize liability disputes.
Look for Witnesses and Nearby Cameras
Look around the area for security cameras and speak to security guards and nearby pedestrians about what they saw. You can ask for recorded or written statements from witnesses, and your attorney can subpoena CCTV footage. The more evidence you have, the better your chances are of finding the responsible party and securing compensation for your property damage.
File a Police Report
If the damage is severe, you can contact law enforcement to document the collision and create an official report. When the other driver leaves the scene without providing their contact details, you will need to work with the police to apprehend the responsible person.
Notify Your Insurance Provider
Report the crash to your insurer as soon as possible. Explain the situation but do not speculate about what may have caused it or who is at fault. Reporting the incident immediately keeps your policy valid and active.
How Evidence Helps in Parking Lot Hit-and-Run Cases
Evidence can make or break a case, and often the difference between a paid claim and out-of-pocket repair expenses. Several forms of evidence can be useful for a hit-and-run accident case. The photos you take at the scene, witness statements, paint transfer, dashcam footage, and CCTV recordings can help a reconstruction expert digitally recreate the crash to demonstrate fault or clarify contested details.
Working with an attorney can make evidence collection much easier, because they know exactly what to look for. When it comes to navigating a hit-and-run case, your car accident lawyer will play a crucial role in the outcome of your case. An experienced legal professional can recover footage and data through subpoenas while building a strong case and ensuring that all necessary documentation is filled out, signed, and submitted correctly.
When Should You Contact a California Car Accident Attorney?
Minor parking lot scrapes rarely require formal legal representation, but it becomes necessary when the case is more complex. If insurers dispute liability, the at-fault driver is uninsured or has fled the scene, you were injured, or the insurance settlement offered is lower than your losses, you should contact an attorney. Remember that under California Code of Civil Procedure § 335.1, you have two years from the day of an injury to file a lawsuit.
If you have experienced significant injuries and property damage, you need a San Diego personal injury lawyer. Our attorneys evaluate case details and gather evidence to counter bad-faith insurance tactics and secure maximum compensation. Contacting an attorney early lets you secure vital evidence and approach your claim with all the information you need from day one.
How HHJ Trial Attorneys Can Help
Taking on insurance disputes without support can leave you vulnerable to manipulation, discrediting, and undervaluation. At HHJ Trial Attorneys, we have our process down to a science. We investigate the accident, identify all potentially liable parties, handle all insurer communications, recover evidence, and calculate the true value of your damages. We protect our clients at every stage of the process, and our case results speak for themselves.
Get Legal Help After a Parked Car Accident
Accidents can happen to anyone for a multitude of reasons, and dealing with insurance companies and legal proceedings as well can be overwhelming. Acting quickly after hitting a parked car or discovering that your parked car has been hit is crucial. Surveillance footage is usually only saved for a few days before it is overwritten. We offer free case evaluations and handle personal injury claims on a contingency fee basis, so you don’t pay us unless you win.
Take action to protect your rights by contacting HHJ Trial Attorneys today. The sooner you call, the more evidence we can preserve. You deserve fair and honest legal advice, and that’s what we strive to provide for every client. Don’t delay; let’s get started as soon as possible. Call us at 619-465-8733 or contact us online.
