What to Do When Someone Hits Your Parked Car
Every year, tens of thousands of car accidents occur in parking garages and parking lots, resulting in thousands of personal injuries and hundreds of deaths. So, when someone hits your parked car, it can be an aggravating experience.
Fortunately, there are things that you can do to respond quickly and minimize frustration. While being the victim of a parked car accident can be stressful, you have rights. So take the time to learn more about what to do after someone hits your car; our Nevada car accident attorneys can help you receive fair compensation and minimize the hassles.
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What do I do when someone hits my parked car?
When someone hits your parked car, there are specific steps you should follow just like in any other car accident, including:
- Call the police. You need to report the accident and file a police report, regardless of whether the driver is still there or if it was a hit-and-run accident.
- Seek medical treatment. If you were in your parked car when it was hit, and were injured, have your injuries treated, even if they seem minor.
- Get the contact details of any witnesses. Witnesses can be useful, especially in hit-and-runs. They may have noted the license plate or vehicle details that can help the police find the suspect.
- Get the contact details of the person who hit you. Be sure to get the other driver’s name, phone number, and insurance information.
- Take pictures of the damage. If you are not seriously injured, take pictures from all different angles. It is also beneficial to take a picture of the road in the direction the driver came from before they hit you.
- Record any relevant details. Write down or record a verbal memo on your phone that includes the date and time of the accident and the weather conditions.
- Look around for traffic cameras or video cameras. Take a moment to document whether any cameras may have recorded the accident.
- Notify your insurance company of the accident. Your insurance may have to cover damages to your vehicle and any medical payments for injuries, especially in a hit-and-run accident.
- Contact a car accident injury lawyer. If you were physically injured, even if it seems minor, getting solid legal advice from a car accident injury lawyer with a free consultation never hurts.
What happens after someone hits my parked car?
After someone hits your parked car, the police will get details about the accident and create a report. If the other driver does not flee the scene, they will document what occurred and that the other driver was at fault.
If the other driver leaves the scene, the police will obtain as much information as possible from you and any witnesses. If there are any traffic cameras around, they will retrieve video data to see if the accident was recorded and get relevant details about the driver, like the vehicle’s make, model, and license plate number.
In Nevada, you can claim compensation from the other driver if they did not flee the scene or if the police catch them if they did flee. You can file a claim against their insurance for property damage and personal injuries. However, if you were seriously injured, getting assistance from an experienced personal injury attorney is recommended to ensure you get the compensation you deserve.
Do I have to pay if someone hits my parked car?
In at-fault car accident states like Nevada, you shouldn’t have to pay if someone hits your parked car. If someone hits your parked car, whether you have to pay depends on the circumstance of the accident and the type of insurance coverage you have.
For example, the other driver does not have car insurance or fled the scene, and the police cannot locate them. In this case, you would file your accident claim against your insurance. If you have full coverage or uninsured motorist coverage, then your losses should be covered minus any applicable deductibles.
Any losses above your coverage limits may require you to pay those costs out of your pocket. Furthermore, you can file a personal injury claim against the other driver and their insurance company if you sustained injuries.
What do I do if someone hits my parked car and does not leave a note?
If someone hits your parked car and doesn’t leave a note, you should call the police. The person may be charged with a hit-and-run, and the police can document the accident for your insurance.
You should immediately tell your insurer about the damage and bring a claim for payment. Take photos of the damage before making repairs, and take notes of what you observed of the circumstances surrounding the damage to your vehicle.
Someone hit my parked car and fled, so who pays for my injuries?
One issue that arises in some car crash injuries is when the person at fault flees the scene. In these cases, it is understandable that you will have questions regarding what to do when ‘my car got hit while parked.’
You would still contact the police, file a police report, and seek medical treatment if you sustained injuries. Instead of filing your injury and damage claims against the other person’s insurance, you file against yours.
It can still be beneficial to consult a car accident attorney for advice. Unfortunately, even your own insurance company can attempt to get you to admit partial fault or settle for a lower amount than you are entitled to receive.
What happens if I hit a car and drove off?
If you hit a parked car and leave the scene, you may be charged with a hit-and-run. In Nevada, the law requires everyone to call the police when they are in a car accident, whether they hit a bicyclist, pedestrian, or another vehicle, even when it is parked.
If you leave the scene and the police identify you, you may face misdemeanor charges. If someone is hurt or killed in a parked car accident, you may face felony charges.
Can I sue when someone hits my parked car in Nevada?
Yes, you can sue someone for hitting your parked car in Nevada. Nevada law allows the victim of a parked car accident to bring a claim against the responsible driver for their damages. Hitting a parked car in Nevada is a tort, which is an act that causes injury or harm to another.
The other party might have a defense to the claim if you were illegally parked or otherwise creating a danger with your parked car. However, generally, you can sue someone for hitting your parked car in Nevada.
What is the average settlement for non-injury car accidents?
The average settlement for non-injury car accidents will vary based on the extent of the property damage. Forbes reported the average settlement for non-injures was $16,700 compared to an average settlement of $29,700 for car crash injuries based on data collected from 2015 to 2020.
However, keep in mind the severity of injuries affects the settlement offered. Usually, you can expect a larger offer when more extensive injuries are sustained.
How do I get compensation if someone hits my parked car and drives off?
If someone hits your parked car and drives off, you may still receive compensation through your own insurance company. The insurance company may process the claim as though the driver is uninsured or underinsured. This is why it is essential to follow the steps we mentioned previously.
The police can investigate to find the responsible driver. If they do, the driver may face criminal charges. You may also seek financial compensation for personal injuries and any damage to your vehicle. However, to receive compensation, you must call the police and notify your insurance company without delay.
What if someone unknowingly hits a parked car?
You would still follow the same process as you would in a hit-and-run accident. Should the police find the responsible party, they may not face criminal charges if they honestly did not know they hit your car. However, they would still be liable for any damages you sustained.
Can I be held partially at fault for a parked car accident?
Nevada has a modified comparative negligence law, which is used to determine fault when someone hits your parked car. For example, your car was sticking out into the street, which resulted in it getting hit.
As such, you might be partially at fault for the accident. However, even if you are partially at fault, you can still seek compensation for your damages and car crash injuries from the other party if you are less than 50 percent at fault.
Basically, your settlement from the other party is reduced by the percentage you are determined to be at fault. For instance, if the settlement was for $30,000 and you were 10 percent at fault, you would receive $27,000, not the full $30,000.
Nevada Parked Car Accidents Summary
- Hitting a parked car in Nevada is still an accident like any other car accident.
- State law NRS 484E.050 requires the responsible party not to leave the scene and to call the police, even if the other driver is not present.
- The other driver should make every effort to notify the parked car’s owner.
- The owner of the parked car has the right to see compensation for damages to their vehicle, as well as any personal injuries sustained as a result of the accident.
- You would file against the other driver’s insurance to file a claim for damages. However, if they fled the scene, then you would file the claim against your insurance.
- Speaking to a car accident attorney for personal injury claims is highly recommended before filing your claim.
- When the driver leaves the scene of the accident, or if they don’t have mandatory minimum insurance coverage, you should always call the police.
When is the right time to call a Las Vegas car accident attorney for a parked car accident?
Suppose someone hits your car, and you are injured in the process. Then, you should call Adam S. Kutner, Injury Attorneys, to speak with our Las Vegas car accident attorneys immediately after seeking medical treatment for your injuries. It is also beneficial to talk to an attorney if you have questions about filing a parked car accident claim with your insurance or the other driver’s insurance since the consultation is free.
Sources:
Distraction Can Often Lead to Parking Lot Injuries. (2022).
When You Should Seek Medical Care After an Auto Accident. (2020).
Bieber, J.D. (2022). Typical Car Accident Settlement Amounts.
NRS 41.141. (2022).
NRS 484E.050. (2022).
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