As long as your car is parked in a place set aside for cars, if it is hit by another vehicle you could sue the person who caused the accident if your own insurance company isn’t willing to pay for an accident that wasn’t your fault.
If you were sitting in the car at the time and you were seriously injured, you may be eligible to file a personal injury claim against the driver who hit your parked car.
It is against the law in every state to leave the scene of an accident without notifying the owner or at least the police, so if the person who is responsible hit your car when you weren’t in it, he or she may face criminal charges if caught. It’s always advisable to talk to a personal injury lawyer to ensure you get what you are entitled to in compensation.
What You Should Do if Another Driver Hits your Parked Car
If you were present when the accident took place or the driver was waiting for you at the scene of the accident, you should stay calm and not get angry, as this will inflame the situation. The driver who caused the accident may be as concerned as you are.
You will need to collect some information from the driver including name and address, a report on how the accident happened, and the name of his or her insurance company.
Whether you were present at the accident or not, check in the area for any potential witnesses and ask for their contact details. Make sure you take photos of the accident site and the damage to your car. There may even be a surveillance camera nearby you can get information from.
If you have been injured or your car is seriously damaged, you should file a report with the local police. The final step is contacting your insurer to let them know about the accident, but if the driver who hit your parked car was totally to blame, the damage and a personal injury claim should be paid by the person at fault’s insurer.
Why Consider a Lawyer?
There are situations when the at-fault driver’s insurer may refuse to honor any claims. This is when you will need a lawyer the most. Arguments against you could include a claim that your car was badly parked or it was parked in a place not designated for cars.
It may be difficult to track down the driver who caused the accident because he or she left the scene. In this situation you will have to resort to the police to check any surveillance cameras in the area and to find witnesses to prove who caused the accident.
The police may be interested in handling the case because a conviction could lead to a misdemeanor charge, a large fine, or, in some states, a spell in prison or community service and license suspension. Regardless of any criminal charge involved, you will still need a lawyer to help you obtain compensation for the damage to your car and any injuries you may have experienced.
Work With a PI Lawyer Today
It is important to talk to a personal injury lawyer if your parked car was hit because of the complications of filing a personal injury claim if you were injured and a damage claim for your car.
Your personal injury lawyer can look at all the evidence, compile a claim that is likely to be successful, and negotiate with the at-fault driver’s insurer on your behalf. As most personal injury lawyers work on a contingency fee basis, you won’t normally need to pay any legal fees until the claim has been settled.
Fill out a free evaluation form below if you want to find a suitable lawyer in your area.
