What Do I Do if Someone Backs Into My Car in a Parking Lot?

Car accidents can be intensely stressful experiences that often result in injury and large expenses. They are often deadly: In 2020, 38,824 people died in car accidents across the U.S. Parking lot accidents are one particularly common type of car accident. Here’s what you should do if someone collides with your car in a parking lot.

What Should I Do if I’m Involved in a Parking Lot Accident?

Don’t leave the scene of the accident. At best, you’ll face a misdemeanor charge if you only caused property damage and no injuries. This includes a fine of around $1,000 and up to a year in jail. However, if you flee the scene of an accident in which you injured someone, a court could charge you with a felony. Fines can reach up to $10,000 and include incarceration.

Whether or not you are present at the time of the accident, call the police. An officer will create an official accident report which can be useful for both your insurance company and your attorney. Remember to ask for a copy of the report, and be sure to get the name and badge number of the officer present.

Exchange information with the other driver if possible. Copy down or take a photograph of their insurance card. Don’t say anything that the insurance company can construe as admitting fault. Don’t try to move your vehicle even if it causes traffic issues. Wait for the police before attempting to move your vehicle. Don’t allow anyone to take a photograph of your driver’s license.

Document the scene as well as you can. Note the date, time, and specific location of the accident. Write down the weather conditions. Take photographs of any damage your vehicle sustained and miscellaneous details relevant to the accident such as tire marks or debris. Get detailed photos of the other vehicle so you can easily identify it for your insurance company as well as car registration information and his or her license plate. If there are witnesses, get their names and contact numbers.

Whether or not you believe you’re injured, go to the hospital. Shock or adrenaline may mask your immediate injuries and prevent you from feeling pain. If you don’t go to the hospital and your injuries present later, your insurance company will want to know why you didn’t get them checked out sooner. It’s vital that you get evaluated by a doctor as soon after the accident as possible.

What Types of Injuries Could I Sustain?

If you are inside the vehicle when it’s hit, you may suffer injury. You could experience damage to your spine, internal bleeding, organ damage, concussion, whiplash, or broken bones, to name a few common types of injury as a result of a car accident. You may also undergo psychological injury which you should take seriously, as the court certainly will. Accidents are often traumatic, and it is not uncommon for those involved to experience negative psychological effects. You might sustain PTSD, extreme stress, anxiety, depression, insomnia, or emotional withdrawal as a result of the accident.

How Does the Settlement Process Work?

Once you can list your total expenses and attach a specific total dollar amount to them you should send a demand letter to your insurance company. Your attorney can assist you with this. Don’t rush into sending a demand letter, as you want a complete idea of what your expenses are which you can only discover after you’ve recovered as much as you possibly can. A demand letter should include a detailed account of your expenses including specific medical treatment bills and any income loss you may have suffered. You should explicitly cite what injuries you’ve suffered as well as an argument as to why the other party is responsible for paying them. At the end of the letter, you should reach a specific total dollar amount you’re seeking. Attach copies of any supporting documents that can back up your claims including bills, letters, and records.

When speaking with your insurance company remember that their goal is to settle for as little as possible. While you can safely share basic information about the accident you are not required to answer any questions that they can use against you.

After the insurance company receives the demand letter you will begin the negotiation process. This is essentially a back-and-forth between you and them as they look for fault with your claim. They may argue that who was at fault in the accident is not clear or that some of your medical treatments were unnecessary. After you respond to these rebuttals the insurance company will send you a counter-offer. You then have the option of taking the settlement or responding with reasons why it should be higher. This process continues until either you agree on a settlement or negotiations ultimately fail at which point you have the option of going to trial.

If you agree on a settlement the amount will ultimately come down to how well you’ve documented your claim and presented your arguments. If you offer sound reasoning with the proper supporting evidence you are in a much stronger position than if you lack preparation.

Should I Refrain from Talking About the Accident on Social Media?

Yes. Don’t talk about the accident on social media as the other party will use any photos, descriptions, or information you offer against you. Any insurance companies involved will look closely at your social media accounts for anything they can use to minimize the extent of your injuries or the viability of your case. Don’t share photographs that the insurance company might misconstrue as you feeling better than you claim. Something as simple as a photograph of you smiling might greatly harm your ability to collect damages particularly if you’re seeking compensation related to emotional suffering. While you may naturally want to tell others that you’re OK and display a positive attitude, doing this on social media is a bad idea.

You should avoid talking about anything even potentially related to the case. This includes any talk of injuries, healthcare professionals, settlements, the case itself, opinions about the accident or case, or any conversations you’ve had with other parties involved in the case.

It’s best to stay off social media altogether if you’re in a personal injury case.

What Can an Attorney Do for Me?

Medical bills, lost wages, psychological costs, and property damage are some types of expenses that are common after an accident. It’s important to remember that these might be the fault of the person who hit your car which makes them legally liable.

While it’s possible to seek damages on your own the process is often extremely difficult for the average person. As a consequence, you may not get the compensation you are owed. This is where an experienced attorney can help. An attorney will work with your insurance company to try to earn all the damages you are entitled to. If negotiations fall through he or she can take your case to trial and represent your best interests.

Personal injury claims related to parking lot car accidents can be stressful and exceedingly complex. If you’re looking for an attorney with the know-how to properly represent you, contact us for a free evaluation.

Sources:

https://www.transportation.gov/briefing-room/nhtsa-releases-2020-traffic-crash-data

https://www.progressive.com/answers/parked-car-accident/

https://www.findlaw.com/legalblogs/criminal-defense/leaving-the-scene-of-an-accident-what-can-happen/

https://www.allstate.com/tr/car-insurance/someone-hit-my-parked-car.aspx

https://www.fieldinglaw.com/practice-areas/car-accidents/

https://www.consumerinsurancereport.com/accidents/what-to-do-if-youre-in-a-car-accident

https://www.nolo.com/legal-encyclopedia/write-winning-demand-letter-29858.html

https://www.nolo.com/legal-encyclopedia/timeline-personal-injury-lawsuit.html