Parked cars are often involved in an accident. It can be risky parking your car on the side of a highway, but sometimes that’s unavoidable, especially if you need to change a tire or your car has broken down. Cars even get hit when they are parked in a parking lot. Unfortunately, some drivers just don’t concentrate when using a parking lot. If you get hit when you are in your own parked car, at least you will have seen what happened. The worst case scenario is coming back to your car and seeing the damage done by a negligent driver. The driver who damaged your car may even blame you for the accident. It’s common to have to dispute fault when accused of being negligent yourself.
Disputing Fault in a Parked Accident
If the driver who hit your vehicle is adamant that he/she was not to blame for the damage done, you can expect that the driver’s insurer will try and challenge you if you decide to file a claim. Insurers tend to minimize the liability of their client and the compensation payment due. You will need to have evidence that the other driver was at fault and that you were parked legally.
Don’t accept that you might have been even partly to blame for an accident. Unless you were parked illegally, didn’t have your parking lights on at night, or were parked very badly in a parking lot, it is the responsibility of other drivers to take care when passing or parking close to another parked vehicle. Remember that in many states the amount of compensation you can pursue in a personal injury claim may be severely reduced if it is found that you were even partly at fault. Insurers know this and will exploit any naivety on your side.
Proving Negligence of the Other Driver
You will need evidence that you were not at fault in a parked car accident:
- Photographic evidence showing where your car was parked;
- Video footage taken by a security or surveillance camera. These may be standard in a parking lot and if pointing in your direction may have caught the other car hitting yours.
- Eye witness statements from anyone who was in the vicinity when the crash happened;
- a police report compiled at the accident scene (typically if someone has been injured), or a copy of your statement you made to the police about the accident;
- damage report by a car repair yard showing how the damage was done;
Consult With a Personal Injury Lawyer
You would expect that anyone who hit you while your car was parked in a legal position would apologize and admit fault. Unfortunately, it is often the insurer who challenges the claim you have made about their client. You may need the services of an experienced personal injury lawyer to help you prepare a convincing claim.
Complete the Free Case Evaluation Form on this page to ensure your claim is on the right track today!
