What to Do After Hitting a Parked Car – Legal and Insurance Considerations

Accidents happen unexpectedly, and one of the most common yet frustrating parking lot accidents involves hitting a parked car. Whether it occurs in a crowded parking lot, a residential street, or even due to an illegally parked vehicle, knowing how to handle the situation properly is essential. Drivers must fulfill legal obligations, document the accident, and navigate the insurance claim process carefully to avoid unnecessary penalties and financial losses.

In Nebraska, specific laws dictate what steps a driver must take after an accident involving a parked car. Failing to follow these regulations can result in criminal penalties, increased insurance rates, and even civil liability for damages. Understanding the legal requirements and the role of insurance in these cases is crucial for protecting your rights and minimizing the consequences.

Legal Obligations After Hitting a Parked Car

Stop and Assess the Situation

Nebraska law requires drivers to stop immediately after a car accident, even if it involves an unoccupied vehicle. Leaving the scene without providing contact details can be classified as a hit-and-run, which carries significant consequences. Even if the damage appears minor, stopping and assessing the accident is necessary to comply with state laws.

Drivers should look for the owner of the parked car. If the car’s owner is not present, Nebraska law mandates that a written notice be left in a visible location on the damaged vehicle. This note must include the driver’s full name, address, phone number, and driver’s license number. Failure to leave this information can result in fines and complications when dealing with an insurance claim.

When to Report the Accident

In some cases, simply exchanging information may not be enough. Nebraska law requires drivers to report an accident if property damage exceeds $1,500 or if injuries occur. If law enforcement does not investigate the scene, drivers must file a Driver’s Motor Vehicle Crash Report within ten days.

If the accident happens in a private parking lot, reporting may not be mandatory, but documenting the scene and notifying your insurance company is still recommended. In situations where significant property damage or injuries occur, contacting the police ensures that an official accident report is created, which can serve as critical evidence when dealing with insurance claims.

Who Is at Fault in a Parked Car Accident?

Determining Liability

In most cases, the driver who hits a parked vehicle is responsible for the accident. Every driver has a duty to operate their vehicle with caution and avoid collisions, even when navigating through a tight parking lot or a busy street. However, if the parked car was illegally positioned, liability may be shared between both parties.

For example, if a vehicle is parked in an intersection, crosswalk, or in the middle of the street, it creates a hazard for other drivers. In such cases, comparative fault laws may apply, reducing the liability of the moving vehicle’s driver. Nebraska follows a comparative negligence system, meaning that if both parties share responsibility, the damages may be allocated proportionally.

Illegal Parking and Shared Responsibility

Illegal parking can contribute to accidents in various ways. Vehicles left in prohibited zones, such as near fire station driveways or in no-parking zones, create unnecessary risks. If a driver collides with an illegally parked car, the owner of that vehicle may be partially responsible for the resulting damage.

Comparative fault laws play a significant role in these cases. If the illegally parked vehicle is found to have contributed to the accident, the percentage of fault assigned to its owner may reduce the financial responsibility of the driver who hit it. However, this does not automatically absolve the driver from responsibility, as all motorists are expected to exercise caution and avoid obstacles in the roadway.

When it comes to hitting an illegally parked car, both parties involved will generally be liable. This is because all drivers have a duty to exercise reasonable care and caution while driving. Hitting a parked car is a failure of an otherwise prudent driver to exercise caution, but if the car was illegally parked, the owner of the vehicle that was illegally parked will also be liable. The best way to ensure that you are not held liable for a car accident caused by someone’s illegal parking is by working with a local Omaha car accident lawyer from Knowles Law Firm.

Steps to Take After Hitting a Parked Car

Document the Scene

Proper documentation is crucial when handling any car accident, especially when dealing with insurance claims. Drivers should take clear photos and videos of the damage to both vehicles, the surrounding area, and any visible obstructions. Capturing images of traffic signs, parking restrictions, and security cameras nearby can provide additional context for the accident.

Gathering witness statements can also help establish fault. If anyone observed the accident, their account of what happened may support your claim. Witnesses can confirm whether the parked car was illegally positioned or if another factor contributed to the collision.

Notify Your Insurance Carrier

Once the immediate legal obligations are met, the next step is contacting your insurance company. Most insurers require policyholders to report an accident as soon as possible. Providing complete documentation, including the police report (if applicable), photos, and any witness statements, will strengthen your claim.

Insurance coverage varies depending on the driver’s policy. If the driver is at fault, collision coverage may help pay for repairs to their own vehicle. If the parked car’s owner is partially responsible due to illegal parking, liability may be shared, potentially reducing out-of-pocket expenses. However, insurance companies will conduct their own investigation to determine fault, and their assessment may impact how much compensation is provided.

How Insurance Handles Parked Car Accidents

Filing an Insurance Claim

Filing an insurance claim involves submitting evidence to your insurance provider to recover compensation for vehicle repairs and, if applicable, medical expenses. Drivers should ensure they have all necessary documentation before initiating a claim, including:

• Photos of the damage and accident scene
• A copy of the police report (if applicable)
• Contact details of the other driver or vehicle owner
• Witness statements

Failure to provide sufficient evidence may result in delays or claim denial. Insurance carriers will assess the case and determine the extent of coverage based on the driver’s policy and the accident details.

Impact on Insurance Rates

One of the primary concerns after hitting a parked car is whether insurance rates will increase. If the driver is found at fault, their premiums may rise, depending on the insurer’s policies and the severity of the accident.

However, if the other driver’s illegal parking contributed to the accident, comparative negligence laws may reduce liability, potentially minimizing the impact on insurance rates. Drivers should carefully review their policy terms and speak with their insurance company about how their rates may be affected.

When to Seek Legal Assistance

Disputes Over Fault

If there is a dispute over liability, consulting a car accident lawyer can help clarify legal responsibilities and ensure a fair claim process. Insurance companies may try to shift blame to reduce payouts, and legal representation can prevent unfair fault assignment.

Hit-and-Run Cases

If a driver hits a parked car and leaves the scene without leaving contact information, the accident is classified as a hit-and-run. Victims of hit-and-run accidents may face challenges in recovering compensation if the responsible driver is not identified. However, uninsured motorist coverage may provide financial relief for vehicle damage and medical expenses.

Complex Insurance Claims

Dealing with insurance companies can be challenging, especially when they attempt to minimize claim payouts. If an insurer denies or undervalues a claim, legal assistance may be necessary to negotiate a fair settlement. Attorneys can help drivers navigate complex insurance policies, gather evidence, and advocate for proper compensation.

FAQ about Hit and Run Incidents with Parking Cars

What should I do if I accidentally hit a parked vehicle?

If you hit a parked vehicle, Nebraska law requires you to stop, leave your information, and report the accident. Failing to do so could lead to a hit-and-run charge and serious penalties.

How do I file an insurance claim after hitting a parked car?

After hitting a parked car, document the accident thoroughly, including taking photos, gathering witness information, and filing a report with the police. Your provider will guide you through the claims process, and you may need to submit your insurance policy information and driver’s insurance company details.

Can I be charged with a hit-and-run accident if I leave the scene?

Yes, if you leave the scene of a car accident without fulfilling your legal obligations, you can be charged with a hit-and-run accident. In Nebraska, a hit-and-run involving property damage is a serious offense that can lead to a suspended license.

How can I avoid trouble after hitting a parked car in a parking lot?

To avoid legal trouble, always stop immediately after the accident, leave a notice with your contact information on the damaged vehicle, and report the incident to the authorities. It’s also important to document the scene, collect witness information, and contact your insurance company.

Will my collision coverage help with a parked car accident?

Yes, if you have collision coverage as part of your insurance policy, it can help pay for repairs to your vehicle after hitting a parked car. However, you will still need to follow the legal steps outlined, such as reporting the accident and providing your information.

Discuss Your Case With an Omaha Car Accident Lawyer From Knowles Law Firm

Accidents involving an illegally parked car can complicate the determination of liability. Both drivers may share responsibility, but understanding the nuances of fault is essential. At Knowles Law Firm, our extensive experience in handling such cases allows us to navigate these complexities effectively. With 55 years of experience and a track record of multi-million dollar settlements, we can help ensure you’re not unfairly held liable for an accident. To explore options regarding your accident with an illegally parked car and to protect yourself, schedule a consultation with Knowles Law Firm.

We will collect evidence to determine whether the parked car was legally parked, and to what degree you can be held liable. Your initial consultation is risk-free and cost-free, so we encourage you to take this opportunity to learn how we can help. We are committed to gathering evidence and proving fault accurately to secure the compensation you deserve. Our dedicated team works diligently to move your case forward and recover compensation, often working seven days a week. Contact us today at (402) 431-9000 or through our contact form to discuss your case and explore your options for justice and compensation.