Legal Guide To Property Damage Claims For Private Parking Lot Accidents

Key Differences Between Parking Lot And Driveway Accidents

The same laws apply to parking lot and driveway accidents. However, these collisions often have factual differences. Driveways tend to lack signs that regulate traffic. Parking lots, by contrast, frequently include lane and parking space lines meant to guide vehicles. This difference might affect who bears liability for a crash.

Determining Fault In A Private Parking Lot Car Accident

Fault for a private parking lot accident can result from intentional or negligent actions. Intentional harm happens when a person deliberately intends to damage your vehicle, such as keying a car. 

Negligent harm occurs when someone fails to meet the standard of reasonable care. In parking lot accidents, both drivers and property owners can act negligently.

Driver negligence happens when someone fails to maneuver a car with reasonable care. Improper surveillance, distractions, and speeding are negligent acts that can result in liability for a parking lot crash.

Parking lot owners can also act negligently. If your vehicle is damaged because of potholes, poor lighting, or inadequate security, you might have premises liability claims against the owner.

Reporting The Accident And Involving Law Enforcement

Nevada law requires drivers to report all crashes that cause death, injury, or property damage. This mandate includes all collisions that happen on public and private property. You must also leave a note and notify the police if you hit an unoccupied vehicle.

Nevada Laws On Property Damage In Private Parking Lots

Nevada law prohibits criminal acts like malicious mischief and vandalism. It also has two civil laws that can affect property damage claims.

First, vehicle owners must carry at least $20,000 in property damage liability coverage. If a driver covered by the policy negligently damages someone else’s property, the insurer will pay to replace or repair the property up to the policy limits.

Second, the state follows comparative negligence. Both parties can share the fault if both contributed to the cause of the accident.

Immediate Steps To Take After A Parking Lot Accident

Take photos of the accident scene and all damaged property after a collision. Exchange insurance information, including homeowner’s or renter’s insurance, if a structure was hit. Review some common car accident interview questions and answers and talk to witnesses who can support your story.

Insurance Protocols For Parking Lot Accidents

Insurance companies pay claims for property damage occurring in parking lots if the insured party negligently caused the accident. Thus, a driver who carelessly backs into another vehicle in a parking lot is liable for their actions, and their insurer will pay for any resulting losses.

Similarly, property insurance will pay for any negligence by the parking lot owner or manager. Suppose, for example, you prove your accident happened because the owner negligently failed to install lights even though they intended their parking lot to be used at night. In this case, the insurer would pay.

Filing A Property Damage Claim For A Parking Lot Accident In Nevada

You have the right to file a property damage claim if you have incurred losses caused by someone else’s negligent actions. The claim will explain why the insured party is liable for your losses. If you are seeking compensation for intentional harm, you may need to file a lawsuit against the party because insurance usually excludes intentional acts.

Collecting Evidence And Documentation In A Parking Lot Setting

The evidence for a lawsuit or insurance claim will support your explanation of what happened. Some necessary evidence might include:

• Testimony from drivers
• Eyewitness statements
• Photos of the crash scene
• Security videos of the crash
• Accident reports

You will need repair quotes or a valuation for the damaged property as well.

How A Lawyer Can Assist In Private Parking Lot Accident Claims

A lawyer can analyze your situation and explain your legal options. They will gather evidence to support your story and file any insurance claims. Your lawyer will also negotiate with insurers and file a lawsuit against the at-fault party if their negotiations fail.

Common Disputes And Challenges In Parking Lot Accident Claims

The most common dispute in a parking lot accident is what happened. These crashes can occur in relatively uncontrolled and chaotic environments. Even with witnesses, the parties might not agree on what happened.

Settling Parking Lot Property Damage Claims: Court vs. Negotiation

Most car accident cases settle before reaching trial. In many cases, the parties might not even need to file a lawsuit. Instead, the best course of action is often to negotiate an agreement on what happened and who will pay for the property losses.

Statute Of Limitations For Parking Lot Property Damage Claims In Nevada

Nevada’s statute of limitations for property damage is three years. The time starts when the accident happened.

Understanding Liability In Parking Lot Accidents

Liability is determined by applying negligence principles, one being comparative negligence. Any person who acted negligently, including the parking lot owner, will share the blame.

Mediation And Arbitration For Resolving Parking Lot Disputes

Mediation and arbitration can be useful tools for resolving property damage claims. The issues in these cases often involve fault and the resulting losses. However, since there were no injuries, the parties may be able to negotiate a resolution rather than fight in court.

FAQ

How Is Fault Determined In A Private Parking Lot Accident?

The at-fault party is the one who negligently or intentionally damaged the other party’s property.

Should I Call The Police For A Minor Accident In A Private Parking Lot In Nevada?

Yes, you must call the police after any crash that damages a vehicle or other property.

Is There A Time Limit To File A Property Damage Claim For A Parking Lot Accident In Nevada?

Nevada requires that you file a lawsuit for property damage no more than three years after the accident.

Learn More About Compensation For Your Property Losses

You can seek compensation for any property losses you incur due to someone else’s actions. An attorney from Adam S. Kutner, Injury Attorneys, can analyze your situation and explain your legal rights and options.