Street Parking Hazards: Liability When Your Parked Car Is Damaged

If your legally parked car is damaged, the person or entity that caused the collision is often responsible for the resulting property damage. Depending on the circumstances, you may file an insurance claim, pursue compensation from the at-fault party, or, in some cases, bring a legal claim. The available options depend on who caused the damage and what evidence is available.

If you have questions about your rights or a disputed claim, connect with a car accident lawyer through the Super Lawyers directory.

Who Is Responsible When Your Parked Car Is Damaged?

It’s natural to assume someone else is responsible for hitting your parked vehicle. However, just because your vehicle is parked doesn’t mean the other party is automatically liable for your vehicle’s damage. Several factors determine legal liability.

Generally, the person or entity that caused the damage is legally responsible. Negligence law is typically used. It states that if you suffer damage, injury, or a loss as a direct result of someone else’s negligence, they are liable for your compensation.

However, how states determine that compensation varies:

• Contributory negligence: Plaintiff is barred from recovery if they’re even 1% at fault for the loss.
• Pure comparative negligence: Plaintiff can recover no matter how high their percentage of fault is; their recovery is reduced by their percentage of fault.
• Modified comparative negligence: Plaintiff can recover as long as their fault percentage is below the law’s threshold, typically 50% or 51% at fault. Their recovery is also reduced by the percentage of fault. For example, you may have legally left your car in a parking lot, but your vehicle is not fully in the designated space. You could be found 25% at fault because the end of your vehicle that was hit was hanging out into the moving vehicle’s pathway. Your recovery would be reduced by 25%.

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What Happens if Another Driver Hits Your Parked Car?

Two situations happen when someone hits a parked vehicle with their own vehicle. They may decide to leave the scene, committing a hit-and-run. Others may stay at the scene. States have varying requirements for reporting accidents based on physical injury and the value of the damage.

Generally, liability can be fairly straightforward if the facts and fault can be established. For example, a parallel parked car may be sideswiped due to distracted driving. Surveillance footage could clearly show the incident.

What if a Commercial Vehicle Damages Your Parked Car?

Businesses can be liable for employees’ actions taken within the scope of their employment. This can include an employee operating a vehicle as part of their employment.

If someone hits your parked car while driving a company vehicle, you may be able to seek compensation through the company’s insurance. A commercial vehicle can be a wide range of vehicle and driver types.

• Delivery vans
• Moving trucks
• Semi-trucks
• Construction vehicles
• Service vehicles

Commercial vehicles often have tracking systems that can provide additional evidence. Fleet GPS, dash cameras, and driver logs can show the employee was responsible.

What if a Government Vehicle Causes the Damage?

A government entity can also be responsible when one of their employees damages your parked car while performing official duties. Depending on the circumstances, you may be able to file a claim against the agency responsible for the vehicle. Government vehicles come in many forms, including:

• Garbage trucks
• Snowplows
• Utility vehicles
• Public transit vehicles
• Road maintenance equipment

Claims involving government vehicles often follow different rules than claims against private drivers or businesses. You may have to provide formal notice before filing a lawsuit, and the deadlines can be much shorter. Because sovereign immunity laws vary by jurisdiction, acting quickly can help protect your legal rights.

What if You Don’t Know Who Damaged Your Car?

Unfortunately, vehicle owners often don’t know who damaged their parked vehicle. This often happens when a vehicle is left in a parking spot for a long time, such as at work or overnight. It can also be hard to know who damaged your vehicle at a large event, where many vehicles are concentrated in a small space.

Vehicle owners can take several steps to address their vehicle damage. You may file a police report to document the damage and report it to your insurance company.

You can take several steps to potentially identify the at-fault driver. Someone may have seen the incident. Take witness statements and gather contact information. The property owner or local businesses may have security cameras. Check whether any captured the incident.

What Evidence Can Help Prove Who Caused the Damage?

Evidence can make the difference between a straightforward insurance claim and a dispute over who caused the damage. If it’s safe, document the scene before moving your vehicle. Helpful evidence may include:

• Photos of the vehicle damage
• Photos showing where the vehicle was parked
• Video footage
• Witness statements
• Police reports
• Surveillance footage
• Dashcam recordings
• Paint transfer
• Vehicle debris
• Tire marks
• Time-stamped photos
• Repair estimates
• Communications with insurance companies

The more documentation you have, the easier it may be to establish what happened and who is responsible for paying for the damage.

Should You File an Insurance Claim?

Whether filing an insurance claim makes sense depends on the facts of your situation. If the other driver is identified, you may be able to file a property damage claim through their insurance coverage. If you can’t find the driver, you may need to rely on your own policy, such as collision coverage or uninsured motorist coverage, where available.

Before filing a claim, consider factors such as:

• The cost of repairs
• Your deductible
• Whether the at-fault driver has been identified
• The types of insurance coverage included in your policy
• Whether your state allows uninsured motorist coverage for property damage
• Whether your insurer may seek reimbursement from the at-fault party through subrogation

It’s also worth thinking about the long-term financial impact. Depending on your policy and state law, filing a claim under your own insurance could affect your insurance rates, even if you weren’t driving when the damage occurred.

Drivers in no-fault states may also find that claims are handled differently than they are in states that follow a traditional fault-based system. Because every policy is different, review your coverage carefully before deciding how to proceed.

Can You Sue for Damage to a Parked Car?

Yes, you can file a lawsuit to recover compensation for the damage to your parked vehicle. However, you need to know who the at-fault party is to file the lawsuit. If you know the driver, you could name them and any additional parties.

If it was a commercial vehicle, you could name the employee and their employer. You could name the government entity that employed the driver if they are in a government vehicle. If the person was driving someone else’s vehicle, you may be able to name the driver and owner.

How much you can recover will depend on the damages and your state’s laws. If the value is low, it may qualify for small claims court. Many states let you recover repair costs. If the vehicle was totaled, you may be able to recover the vehicle’s fair market value. Some states may also allow you to seek compensation for rental car costs while yours is repaired.

Talk to an Attorney

Finding damage on a parked car is frustrating, but you don’t have to guess your way through the claims process. If questions about fault, coverage, or liability are standing in the way of a fair outcome, an attorney can provide guidance tailored to your situation.

Use the Super Lawyers directory to connect with a qualified car accident lawyer near you.