Liability for Damages When a Parked Car is Hit by Another Vehicle

When a parked car is hit by another vehicle, the driver of the moving vehicle is typically held legally responsible for the damage. This is based on the principle that drivers must maintain control over their vehicles and avoid hitting stationary objects, such as parked cars. In this article, we will explore the legal responsibilities and steps to take in such situations, providing valuable insights for both drivers and insurance professionals.

Legal Responsibility

Most jurisdictions have clear guidelines that hold the driver of the moving vehicle responsible for any damage caused to a parked car. This responsibility stems from the fundamental duty of drivers to exercise caution and avoid collisions with static objects.

Understanding Fault

In the vast majority of cases, the driver of the moving vehicle is deemed to be at fault. This is due to the fact that the parked car is stationary, and the moving vehicle has the duty to exercise due care and attention.

Liability Insurance

The at-fault driver's liability insurance is required to cover the costs of repairing the damage to the parked vehicle. This includes the cost of repairs, replacement parts, and any other damages covered by the policy, up to the policy limits.

Steps to Take After Hitting a Parked Car

Stop Immediately

The first and most critical step after hitting a parked car is to stop. Leaving the scene without reporting the accident can result in serious legal consequences, including hit-and-run charges, which can carry significant penalties.

Try to Locate the Owner

If possible, make an effort to locate the owner of the parked car. Notify them of the accident, and if necessary, wait for them to arrive before moving the scene or leaving the area.

Leave a Note

If you are unable to locate the car owner, leave a clear and visible note. The note should include your name, contact information, and a brief explanation of the accident.

Report the Accident

Depending on the severity of the accident, you may need to report it to the police, especially if there are injuries or significant property damage. Additionally, report the incident to your own insurance company, as well as the at-fault driver's insurance company if known.

Insurance Claims and Deductibles

Filing a Claim

The owner of the parked car can file a claim with the at-fault driver's insurance company. They may also choose to file a claim with their own insurance company, especially if they have collision coverage and the damage falls under this coverage.

Deductibles and Coverage

If the parked car's owner files a claim through their own insurance under collision coverage, they may be responsible for a deductible. However, this amount may be reimbursed once the insurance company recoups the costs from the at-fault driver's insurance.

Legal Action

In cases where disputes arise regarding responsibility for the accident or the extent of the damages, legal advice may be necessary. In some instances, legal action might be required to resolve the issue, particularly when the at-fault driver's insurance company disputes the claim or the amount of damages.

It is important to remember that while drivers of moving vehicles are generally held legally responsible for hitting parked cars, there may be exceptions based on local laws and circumstances.

In conclusion, the driver who hits a parked car usually bears the legal responsibility for any damages resulting from the accident. Both parties should report the incident to their respective insurance companies to ensure that the claims process runs smoothly and that all damages are covered according to their insurance policies.