Navigating the aftermath of a car accident can be daunting, particularly when it involves a parked vehicle. Imagine the unsettling feeling of discovering that someone hit your parked car. The scenarios can be varied: from someone returning from grocery shopping only to find a dent with no note, to a driver who accidentally brushes against a parked car and leaves in a hurry. These are instances that play out frequently on our roads and parking spaces.

According to an Allstate Insurance study from 2010, 69 percent of all hit and runs in the U.S. involve parked cars. If your parked car was damaged in a hit and run incident, you may be feeling lost and confused about what to do – after all, it’s not clear whether your insurance provider will cover the damages, or whether you’ll be able to identify who caused the collision so that you can contact them for insurance information or compensation.

Given the complexities of hit and run accidents, here are some considerations to keep in mind as you proceed.

When a hit and run in a parking lot occurs, many questions arise. Does insurance cover a hit and run parked car? Will you need an accident report, and does it matter whether it’s an official accident report? What is the claims process and what does it look like? What are the implications of your parked car being hit concerning your auto insurance premium? How crucial are photos of the damage? How immediately should one report the accident to ensure full collision coverage? Comprehensive coverage is important if the damage is severe, for example, but getting insurance pay isn’t always straightforward.

It’s essential to be equipped with the right information and know the steps to take when faced with such situations. As the victim tries to piece together what happened, gather evidence, identify eyewitnesses, and move forward with legal remedies, having clarity on the process can significantly ease the strain of the situation.

In this guide, we’ll detail what you should do in the unfortunate event of a hit and run involving your parked car.

What Should I Do If Someone Hits My Parked Car?

Discovering that your vehicle has been hit while parked can be an upsetting and confusing experience. You may find yourself overwhelmed with questions about the best course of action. This guide aims to provide a comprehensive roadmap for dealing with such an incident, covering everything from gathering evidence to dealing with insurance claims.

Initial Steps When You Discover the Damage

1. Check for the Other Driver or a Note: Upon noticing the damage, your first step should be to look for the other driver. If they’re still around, exchange information including names, contact details, insurance information, and vehicle registration numbers. If the driver has left, check for a note with their contact and insurance details.
2. Look for Witnesses and Security Footage: If no note is left and the driver is absent, search for potential witnesses who might have seen the incident. Their testimonies can be invaluable. Additionally, check if there are security cameras in the area that might have captured the collision. Speak to security personnel or property owners to gain access to this footage.
3. Document the Scene: Take clear photographs of the damage to your vehicle from multiple angles. Also, photograph the surroundings to provide context about the location of the incident. This visual evidence is crucial for insurance purposes and, if necessary, legal proceedings.
4. Contact the Police: If the damage is significant, it’s advisable to call the police. They can file a report, which not only helps in the insurance claim process but also in legally documenting the event. In some jurisdictions, it’s required by law to report such incidents to the police.
5. Notify Your Insurance Company: As soon as possible, inform your insurance company about the incident, even if you don’t have the other party’s details. Provide them with all the information and evidence you’ve gathered. If the other driver left their details, contact their insurance company as well.

Dealing with Insurance

1. Understanding Your Coverage: Understand the specifics of your insurance policy. Does it cover hit-and-run incidents? Are you covered for uninsured motorists? Knowing these details will help you understand how much of the repair costs your policy will cover.
2. Avoid Engaging Without Consulting an Attorney: Discussions without an attorney can lead to subtle, undermining disclosures that could result in a lower payout or even an insurance claim rejection. As the claimant, unless you’re trained in the law you will not necessarily know what to say and what not to say – that’s where an attorney comes in.
3. Filing the Claim: When filing a claim, be as detailed as possible. Provide all the evidence you’ve gathered, including photos, witness testimonies, and the police report. Be honest and thorough in your account of the incident.
4. Managing Repairs: Depending on your coverage, you may have to initially pay for repairs out of pocket, especially if the other driver is unidentified. Keep all receipts and documentation for reimbursement purposes.

Legal Considerations

1. Understanding Hit-and-Run Laws: Familiarize yourself with local hit-and-run laws. In many places, leaving the scene of an accident without providing contact information is a criminal offense.
2. Seeking Legal Advice: If you face challenges in getting your claim accepted or if the other party disputes their involvement, consider consulting with a lawyer. Legal professionals can offer guidance and representation, ensuring that your rights are protected.

Preventative Measures for the Future

Choosing Safe Parking Spots: Try to park in well-lit, secure areas with surveillance cameras. This not only deters potential hit-and-run drivers but also ensures that any incident is recorded.

Investing in a Dash Cam: Consider installing a dash cam with parking mode in your vehicle. This can provide crucial evidence in case of any such incidents in the future.

Being the victim of a parking lot collision can be a distressing experience, but knowing how to effectively respond can alleviate some of the stress and uncertainty. By following these steps, you can ensure that you’re adequately prepared to handle the situation, both practically and legally. Remember, if you’re ever unsure about what to do, seeking professional legal advice can provide clarity and support.

Navigating the aftermath of a hit and run involving a parked car can be daunting, but being armed with the right information and steps to take ensures that the situation is handled effectively and ethically. 

Understanding your responsibilities and rights is paramount. Always remember to prioritize safety, act responsibly, and seek guidance when needed.

Car accidents, even those involving stationary vehicles, have legal, financial, and moral dimensions. And in such trying times, remember that insurance providers, security personnel, and legal experts are there to assist.

Stay informed, stay calm, and ensure you make the best decisions moving forward.

If you’ve been involved in a car accident where the driver who collided with you flees the scene, then chances are you’re considering a lawsuit, and you may even be wondering the basic question: “What is a hit and run?”  After all, you may be entitled to compensation to cover the losses you sustained as a result of the accident — but navigating a hit-and-run accident dispute isn’t always straightforward.

So, what is a hit-and-run?  Let’s take a look at some basic issues in hit-and-run cases, including definitional aspects.  Read on to learn more!

What makes something a hit-and-run?

Every state has different implementations of law — including hit and run law — but as a general rule, a hit and run occurs when a driver flees the scene after being involved in an accident where they have caused property damage, injury, or death. Drivers are required to provide their driver’s license information at the scene of an accident. Drivers have a legal responsibility to stop, identify who they are, and render aid to the injured person, to the degree that doing so does not endanger themselves. Failure to do so could have legal ramifications.

It’s worth noting that there are exceptions to this legal requirement. For example, drivers may not have to stop if there is an immediate danger in stopping — if a crowd has formed and is looking to take violent retribution against the colliding driver. The driver may also not have a safe place to stop nearby and set up their parked car, if there is a weather or road-related issue, such as a flood, or a downed power line. The law requires that they stop nearby (to the degree possible without endangering themselves) and manage the situation. This may involve things like speaking to a police officer or calling law enforcement themselves, if necessary.

Is it possible to hit a car and not know it?

Yes — though it is uncommon. Generally speaking, any significant collision will be felt and known by the colliding driver, so long as they are not sleep-deprived, heavily distracted, or intoxicated, each of which could result in liability independently.

If a driver hits you and drives away, and later — when you sue them — claims that they didn’t know that they hit you, then you could argue that they shouldn’t be driving if they can’t tell that they hit another driver. It may be a reasonable enough argument to support your negligence claims.

That being said, in a minor enough accident (paint scratching, scuff marks) where a colliding driver may genuinely not realize they made contact with your car, the damages are unlikely to be significant enough to warrant a lawsuit in the first place.

Challenges in a hit-and-run lawsuit: what does it mean to be a victim of a hit and run driver?

Hit-and-run disputes come with a few unique challenges. They are as follows:

• Identifying the hit-and-run driver.
• Securing an adequate payout after identifying the hit-and-run driver.

Once a hit and run driver has fled the scene of an accident, it can be challenging to identify them so that you can sue them for damages. That being said, with the aid of an attorney, you’ll be able to investigate the accident scene and potentially piece together the identity of the driver who collided with you — for example, your attorney might work with local business owners to get security video footage of the accident, which might reveal the license plate number of the defendant’s car. Your attorney might also speak to eyewitnesses whose testimony could help piece together the identity of the driver.

This evidentiary issue is core to hit-and-run accidents. Overcoming this issue is a key aspect of succeeding in your hit-and-run lawsuit.

Unique opportunities in a hit-and-run lawsuit

Hit-and-run lawsuits have a few unique and powerful advantages — if you’re able to identify the defendant-driver, then you’ll have a much easier time 1) establishing liability, and 2) navigating the dispute within the court litigation process, as the court will almost certainly favor you over the fleeing driver who was attempting to escape their legal responsibilities.

Though fleeing the scene of an accident is not “proof” of liability, it’s a strong indicator that hit-and-run drivers thought they did something wrong and were attempting to avoid taking responsibility for it. For example, oftentimes, a fleeing driver does not have an active driver’s license, or is intoxicated — they understand that these are illegal, and flee the scene to avoid being “found out.” Even if the defendant fled for some other reason (perhaps they’re just an anxious person), they will be fighting an uphill battle should you identify them and subsequently sue them for damages.

Other defendants to sue after a hit-and-run accident

Whether or not you can identify the driver who collided with you (in a hit-and-run accident), you’ll want to explore the possibility of suing other defendants who are partially liable for your injuries. In some cases, you may also need to contact your insurance company to discuss coverage and claims related to the hit-and-run accident. Defendants in a motor vehicle accident lawsuit may include, but are not limited to:

• The defendant-driver who fled the scene
• Other drivers who contributed to the accident
• Any auto manufacturer whose defective designs or defective production issues that contributed to the accident
• The City, if their improper maintenance or roadway designs contributed to the accident
• Any property owner for which a dangerous condition of their property contributed to the accident
• Medical professionals whose negligence, recklessness, or intentional misconduct may have exacerbated your injuries
• And more

Suing other defendants is a useful strategy in many disputes because it gives you access to defendants who may have “deeper pockets” than the driver who hit you (i.e., more substantial insurance coverage for a payout). This strategy is even more important in hit-and-run accident cases, as you may not be able to identify the driver who hit you to sue them. So it’s worth exploring these other lawsuit possibilities with your attorney.

Damages in a hit-and-run accident

Damages in an accident can vary significantly from case to case, especially in instances involving serious injuries. That’s because the unique circumstances of the injury victim will affect their losses — in other words, an injury to any individual person will have particular consequences that are unique to their body, mind, and lifestyle. As compensation is meant to cover losses, these losses are a measure of what sort of compensation the injury victim is potentially entitled to in a lawsuit.

Claimable losses include:

• Wage loss
• Loss of earning capacity
• Medical expenses (i.e., medical bills)
• Property loss
• Pain and suffering
• Loss of enjoyment of life
• Loss of companionship
• And more

For example, suppose that you’re injured in a hit-and-run collision. You have to take a year off from work, and your salary is $60,000. Your wage loss claim by itself would therefore be $60,000 (not accounting for pain and suffering and other damages). If you were unemployed at the time of the accident, however, then your wage loss claim would be $0. That’s a pretty significant difference, with only one circumstantial change!

Attorney representation is not costly up-front in most cases

Unfortunately, the general public still believes that hiring an attorney for their injury lawsuit is an expensive process that only “rich” people can afford — this results in far too many victims never even exploring the possibility of compensation.

The truth is quite a bit different than this public perception.  In fact, most plaintiffs’-side personal injury lawyers work on a contingency fee basis, which makes it a lot easier to secure legal representation.

How do contingency fees work?

Contingency fee attorneys don’t cost anything upfront or out-of-pocket.  That’s right — you don’t need ANY money to get started with legal representation.  Instead, they agree to represent you for a percentage cut of whatever compensation they’re able to secure on your behalf.

If you don’t win, they don’t get paid.

Percentages can vary from attorney-to-attorney, and from case to case.  You’ll want to discuss the percentages with your attorney and negotiate to your liking.

Contingency fee arrangements have a number of advantages.  Not only do they lower the barrier to entry for a lawsuit significantly, but they also incentivize attorneys to work efficiently and effectively to maximize compensation.  After all, the more you get paid, the more they get paid.

Contact 1-800-THE-LAW2 for a Free Legal Consultation

If you’ve been injured in a hit-and-run accident, then you could be entitled to significant damages under the law.  What is a hit and run can be difficult to evaluate in some cases. Beyond that, successfully obtaining compensation in a hit-and-run injury dispute can be a challenge, as there are unique barriers that you’ll have to overcome as you navigate the lawsuit — most of all, figuring out the identity of the defendant-driver who collided with your vehicle.  We encourage you to find an attorney who can assist you in handling your hit-and-run accident dispute.

Contact 1-800-THE-LAW2 for a free legal consultation with an experienced personal injury lawyer in our network.  During this initial consultation, you’ll be able to discuss the details of your case and get professional guidance on how best to proceed so as to maximize your potential compensation.  If you decide that you’d rather not continue with the network attorney, that’s okay — you have no obligation to move forward with them.  So there’s no downside to picking up the phone and calling in to have your case evaluated.

We look forward to assisting you.

This article can help to answer these questions about hit and run consequences: What is a hit and run? | What are the charges for a hit and run? | Is a hit-and-run a felony or misdemeanor? | How many points for leaving the scene of an accident? | What evidence is needed to convict a hit and run?

Hit and run car accidents are a concerning and serious issue that can lead to both minor and major legal consequences. From minor hit and run charges to potential felony offenses, understanding the evidence needed to prove hit and run, along with the associated penalties, is crucial for both the driver of a vehicle and the victims involved.

In California, hit and run consequences can range from misdemeanor hit and run charges, leading to fines and county jail time, to more severe punishments depending on the circumstances of the auto accident. 

How serious is a hit and run? The penalties can affect everything from car insurance rates to legal standing, making it essential to call the police and law enforcement at the scene and cooperate fully with the insurance company. 

In this article, we will explore the various facets of what is the penalty for hit and run, looking into the legal ramifications and the importance of understanding your auto insurance policy and legal responsibilities.

If you are a victim of a hit-and-run accident, consult with a qualified hit and run lawyer for guidance. Contact 1-800-THE-LAW2 today to schedule your free consultation.

What Is a Hit and Run?

A hit and run is generally defined as being involved in a car accident, either with another vehicle, a motorbike, or even pedestrians. Then, leaving the scene of the accident without stopping to identify oneself, or to provide aid to anyone who might need assistance.

Common hit and run circumstances include:

• Drivers causing serious injury to a pedestrian and fleeing the scene because he or she was driving with a suspended license from a previous DUI charge and did not want to be charged for another offense
• Drivers hitting a parked car and leaving the scene to avoid paying for property damage
• Drivers hitting police cars that have been set up as part of a roadblock to avoid getting in trouble

Fleeing the scene of an accident has serious consequences. All drivers should think twice before leaving the scene of any accident they have been involved in.

Hit and Run Charges

What Is the Penalty for Leaving the Scene of an Accident?

In most states, including California, the act of leaving the scene of an accident—whether the driver of a vehicle caused the hit and run car accident or not—can lead to serious legal consequences. The fact that a party left the scene is usually enough to face hit and run consequences, ranging from misdemeanor hit and run charges to felony offenses, depending on the severity of the damage and injuries involved.

An exception to this might occur if someone left the scene to get help, provided that he or she returns immediately. This underscores the importance of understanding how serious a hit and run can be, and why it is essential to call the police or other law enforcement immediately after an auto accident. Failing to do so can lead to difficulties with both the legal system and insurance companies. The evidence needed to prove a hit and run might involve witness testimony, surveillance footage, or physical evidence at the scene.

In California, the hit and run consequences can be particularly stringent, affecting everything from car insurance premiums to one’s criminal record. Penalties might include fines, county jail time, increases in auto insurance rates, or the suspension of a driver’s license. Cooperation with law enforcement and your insurance company, along with a clear understanding of your rights and responsibilities, can be crucial in navigating the complex landscape of hit and run charges.

Major vs. Minor Penalties

Is a Hit and Run a Felony or Misdemeanor?

Hit and run consequences vary from state to state. Many states classify the charge as either a felony or misdemeanor depending on specific circumstances. Felony charges tend to be imposed in instances where a person has suffered any kind of injury, whether the injured person was a pedestrian or occupant in another vehicle. 

Guilty persons may be fined anywhere from $5,000 to $20,000. In addition, they may face the possibility of jail time of up to 15 years. A misdemeanor offense, while less severe than a felony, is punishable by a fine of up to $5,000 and also up to one year in jail.

License Points

How Many Points for Leaving the Scene of an Accident?

In addition to criminal consequences of a hit and run, almost every state imposes administrative penalties related to the person’s license. Any conviction will usually result in automatic suspension, or even revocation of the driver’s license for about six months. Some states impose the suspension for as long as three years. Other states impose the suspension for a lifetime, depending on the circumstances of the accident.

At-fault drivers may also be subject to civil cases. An injured party can file an injury claim for damages to their property. They may also be able to file for compensation for medical treatment and lost wages.

What Evidence is Needed to Convict a Hit and Run?

In a criminal trial, a prosecutor must usually prove the following facts to find someone guilty of a hit and run:

• While driving, the defendant was involved in the vehicle accident
• The accident caused serious injury, permanent injury, or death to someone else
• The defendant knew he or she was involved in the accident that caused injury to someone else, or knew that injury was probable given the circumstances of the accident, AND he or she willfully failed to perform one or more of the following duties:
  • To stop immediately at the scene
  • To provide reasonable assistance to any injured persons
  • To give involved parties or authorities their contact and vehicle information; if not their vehicle, to provide the details for the owner of the vehicle; to provide the name and details of injured individuals in his or her vehicle; to show a driver’s license upon request at the scene; to notify authorities without unnecessary delay to fatalities as a result of the accident.

The Bottom Line

The hit and run consequences in states across the United States, and especially in California, are severe and multifaceted. Whether it’s a minor hit and run charge or a felony offense, the legal system treats these incidents seriously. Drivers involved in an auto accident must understand the importance of remaining at the scene, calling the police or other law enforcement, and cooperating fully with their insurance company.

Leaving the scene of an accident, regardless of who is at fault, can lead to substantial penalties, including fines, county jail time, increases in car and auto insurance rates, or the suspension or revocation of a driver’s license.

The evidence needed to prove a hit and run includes not only physical evidence but also witness testimony and surveillance footage, reflecting the complexity and gravity of these charges. Civil liabilities may also arise, including injury claims for property damage, medical treatment, and lost wages.

If you’re involved in a hit and run car accident, whether as a victim or a driver, understanding these consequences and your legal responsibilities is vital. Legal advice from qualified attorneys specializing in hit and run cases can be an invaluable resource in navigating this complex legal landscape. 

Call 1-800-THE-LAW2 to Find a Hit and Run Lawyer Near You

After a hit and run accident, you may still be eligible for accident compensation. Let our personal injury attorneys make the litigation process easier for you. Contact us today to schedule your free consultation.