If you return to the parking lot to find that someone has hit your parked car, but left a note, it is only normal to be upset. But, leaving the note was a good thing because that can get you on track to getting your vehicle repaired. When a driver hits a vehicle and leaves a note, he or she should include their name, address, contact number, and insurance details. You can use this information to pursue a personal injury claim to recover compensation for your property damages.
How To Handle The Situation If Someone Hit Your Parked Car
You should call the police to make sure an accident report is completed. Make sure they see the note that was left on your vehicle. The person who hit your parked car should report the incident to their insurance company, who in turn should contact you about the claim. You might want to report it to your insurance company, along with the details of the individual who hit your car as well. The accident report will also be beneficial in getting your claim underway. Also, if there are no witnesses, police can review any surveillance cameras to try to determine what happened. You should take photos of the damage at the accident scene, showing how and where the car was parked.
Damages After Someone Hit My Parked Car
If someone hit your parked car, you might have varying damages to your vehicle. If your car is drivable, you should take it to a qualified auto body repair shop for an estimate. You will need a written estimate to negotiate with the insurance company regarding your property damage claim. The at fault driver is liable for your damages. So, they should cover the costs for repairing your vehicle or pay the fair cash value if your vehicle’s damage exceeds state limits and it is considered a total loss. Since the driver of the other vehicle left the scene of the accident, but did leave a note, you might have difficulty with these negotiations because the other driver might not acknowledge that all the damage was done by the collision. Also, whether your vehicle was legally parked comes into play. If you were not legally parked, you might be partially liable for the damages yourself.
Where Did You Park?
The position of your car when it was hit could affect any potential insurance claim. If you had taken your chances and parked it in a place where it shouldn’t have been, then legally you may not be able to claim all the compensation you think you should get if you are hit.
The amount of compensation for the damage done to your vehicle will depend partly on the state where the accident took place and exactly where the car was and how it was parked. In many states there is some sort of contributory negligence rule.
This could mean that you cannot claim any compensation at all or only a percentage if you contributed in some way to the accident taking place.
To give an idea of the variation between states, if you take Virginia the fact that your car was illegally parked means that you lose any chance of obtaining compensation. You would need to apply to your own insurer.
In Mississippi, on the other hand, the percentage fault would be determined by negotiation, or if necessary by a judge and you would obtain the compensation requested, minus the percentage due to your share of negligence.
In most states, unless you parked your car right in the middle of the road or in such a position that it was difficult for another vehicle to maneuver past it, you should be able to claim a percentage of the damages. Your attorney can assess your situation and help you with your case for compensation.
To take an example, if you were parked in a parking lot assigned to a disabled driver and you were not disabled yourself, this may be illegal, but not an excuse for bad driving on the part of the other driver.
On the other hand, if you were parked illegally on the side of a narrow road at night and you didn’t have parking lights on, your actions may then be regarded as more risky and negligent and so therefore lowers your chances of winning a damages claim.
If you were parked in a totally legitimate place and the car was sparked properly, the location will have no bearing on the claim and full liability should lie with the driver who hit your vehicle.
The fact that you were legally parked means that any driver who attempts to pass your car on the side of the road or in a parking lot must ensure that care is taken not to damage your car. The fact that your car was hit establishes that the driver’s negligence was to blame. This is good grounds for winning a damages claim to cover the cost of repairs to your vehicle.
Damage to Your Vehicle That Could Occur
The damage that could be done to your vehicle depends on a number of different factors. If you were parked in a parking lot, for example, it is the rear of your vehicle that would be most likely damaged especially your rear bumper and lights.
If the damage was done to either side, then it would most likely have been done by the driver when attempting to park or exit from the position s/he was parked beside you. It is most likely that the side panel, doors, side windows and side mirrors could be damaged, which could include a scratch, dent or complete demolition of that side of the vehicle.
If you were parked by the side of a road or highway the driver may have been passing you too fast or was drunk. Your bumper, fender, side panels, side windows, windshield or mirrors may all be damaged or only some of them.
If the crash happened at speed, then your car may be badly damaged and even totaled making it beyond repair. Again, how you parked the car comes into play when it comes to determining liability for damage.
For example, if you parked your car illegally on the other side of the road to the correct side (i.e. facing oncoming traffic) and you left it there overnight, the chances of your car being totaled, say by a large truck, are far higher and your chances of obtaining compensation correspondingly lower.
Consult With A Personal Injury Attorney
If someone hit your parked car and their insurance is not wanting to cover the costs of your damages, you will have to take legal action. To make sure your personal injury claim gets on the right track, you should consult with a personal injury attorney. Personal injury lawyers work on a contingency basis, so your attorney is not paid until you are compensated for your damages. You have nothing at all to lose, so complete the Free Case Evaluation Form on this page today to have your case details reviewed by an accident injury attorney in your area.
