What Happens if Someone Hits Your Parked Car And You Get Injured?

What happens if someone hits your parked car in California? It can be distressing to return to the vehicle that you safely parked and find that it was hit. Whether or not the other driver left a note, it’s important to understand the state’s laws for hit and runs, and what steps you should take when you discover damage to your vehicle. That way, you can secure financial recovery for the repair costs.

Requirements for Reporting Car Accidents in California

You are required to report car accidents that result in a certain level of property damage, or any injury or death. Accidents involving parked cars are often property damage-only accidents. The California Department of Motor Vehicles requires a report within ten days of any accident resulting in $1,000 or more in damages.

Nationally, there were 3.6 million property damage-only accidents in 2020, according to the Federal Motor Carrier Safety Administration. In California, there were a total of 97,251 property damage-only accidents in 2023, according to the California Department of Transportation (CalTrans).

CalTrans also reported that 39,992 property damage-only crashes in the state were rear-end collisions, and 30,980 were side-swipes. The primary cause of property damage-only accidents was speeding, which caused 40,534 accidents in 2023.

In property damage-only accidents, you are required to:

1. Stop immediately, taking your vehicle to a location that doesn’t interfere with traffic or cause a safety hazard
2. Locate the owner of the property
3. Provide them with your name and address, as well as the name and address of the owner of the vehicle
4. Present your driver’s license to the other party if requested

If you cannot locate the owner of the damaged property after stopping, you should:

1. Leave a notice on the damaged property in a visible location
2. Include the name and address of yourself and the owner of the vehicle
3. Include a statement of what occurred
4. Notify the city police department or highway patrol of the accident without unnecessary delays

Failing to take these steps is a criminal offense.

What Should You Do if Your Parked Car Was Hit?

There are several key steps to take if you discover that your car was hit. This includes:

1. Talk with the driver. If you see the accident, or the driver is still present, treat it like any other accident and exchange information with them.
2. Look for a note. If there is no driver there, look for a note from the driver with their contact information, which can then help you file a claim.
3. Collect evidence. Evidence is important no matter what, but it is especially key if the driver is not there and there is no note. Security cameras, traffic cameras, or eyewitnesses can provide information about the vehicle and driver to identify them. Take photos of your vehicle, other damage in the area, skid marks on the road, and other relevant information about the crash.
4. Report the accident. Contact the police department in the city or the California Highway Patrol (CHP), such as through the CHP Orange County Communications Center. A police report is crucial as initial evidence of the accident for an insurance claim. They can also help investigate and potentially find the party that caused the crash.

Then, contact your insurance company to file a claim and reach out to a car accident attorney. When you hire a personal injury lawyer, they can help you conduct an investigation and assess the ideal way to recover compensation for your property damage.

What Are Your Options for Financial Recovery?

Your options for financial recovery depend on whether or not you have the other driver’s information or if they can be found through an investigation. You could recover through:

1. A car insurance claim against the at-fault driver
2. A claim with your car insurance coverage
3. A claim with your car insurance uninsured motorist coverage
4. A civil claim against the at-fault driver in rare cases

FAQs

Will My Insurance Go Up if Someone Hits My Parked Car in California?

Your insurance may go up if someone hits your parked car in California. In California, insurance rates are determined based on your driving safety record, the miles you drive each year, the years of experience you have driving, and other factors. Any of these factors could impact rates. The good driver discount in the state is reliant on several factors, including whether you were principally at-fault in any accident.

If My Parked Car Is Hit, Do I Lose My No-Claims Bonus?

Yes, if your car is hit while parked and you file a claim with your insurance company to recover damages, you could lose your no-claims bonus, even if you aren’t at fault. However, it depends on your insurance company’s policies and other factors about your coverage. An experienced car accident attorney can help you assess your options for financial recovery from your insurance and the at-fault party, keeping in mind the impact it could have on your bonus.

Are You at Fault if Someone Hits Your Parked Car?

While it is unlikely you are at fault if someone hits your parked car, there are cases where you may be. This might include if you were parked somewhere illegally, if you failed to fully pull off the road, or if you parked in a fire or emergency lane. In most cases, however, the driver who hits a parked car is the party who acted negligently and caused the crash as a result.

Can I File a Claim Against Someone for Hitting My Parked Car in California?

Yes, you could file a claim against someone for hitting your parked car in California. Get the driver’s contact and insurance information to file a claim, which is possible if the other driver was at fault for the crash. If you were not at the scene of the crash and the driver did not leave you contact information, it is harder to file a claim. An attorney can help investigate to find the at-fault party or assess other compensation options.

Hire a Car Accident Lawyer

At Corrales Law Group, we have spent the past 14 years helping people financially recover from accidents. If your parked car was hit, or you were involved in a hit-and-run where you were injured, reach out to our firm and learn how we can help.