Whether someone hits your car in a parking lot or while it is parked on the street, you should try to get at-fault driver’s identification and insurance information at the scene of the collision if you are able to do so.
Getting this information, along with getting any medical attention that you need, is the most important thing you should do when someone hits your parked car. Afterward, you may have the option of seeking compensation for losses related to the crash.
What Does the Law Require People to do if They Hit Parked Cars?
VAT §600 requires people who hit other vehicles and cause property damage or personal injuries to take certain steps to notify the owner of the vehicle about the collision. More specifically, they must provide their license and insurance information to the owner of the vehicle.
If they cannot locate the owner of the vehicle, they must report the collision to the nearest police station or judicial officer as soon as they physically can do so.
How to Prove That Someone is at Fault for Hitting Your Parked Car
Just like in any car crash case, you must show that the driver was negligent, careless, or reckless in causing the crash. All drivers have a duty of care to obey traffic rules for the safety of others.
When driving near a parked vehicle, drivers generally must maintain a safe distance from them and avoid speeding or taking other wrongful actions that could result in a crash.
If a driver violates a traffic law or otherwise negligently hits your parked car and you suffer damages as a result of that crash, you can seek compensation. To do so, you must demonstrate that you suffered injuries or losses directly due to the collision.
How Long You Have to File a Lawsuit After Someone Hits Your Parked Car
CVP §214 generally allows individuals to file personal injury cases against other parties up until three years have passed since the date of the collision. However, there are exceptions to this general filing deadline, which is also called a statute of limitations. For example, if a government agency is responsible for the accident, you will have less than three years to file suit.
If you fail to file your lawsuit before the deadline, you can lose out on any compensation that may be available to you. Therefore, it can be crucial to know what to do when someone hits your parked car, so you can be sure to file your lawsuit on time.
If You Can’t Identify the Person who Hit Your Car or They Have no Insurance
In some cases, a hit-and-run accident might cause injuries and other losses if you are seated in the vehicle at the time of the collision. While police eventually may identify hit and run drivers, sometimes identification is not possible.
In other cases, you may know who struck your parked car, but they had no insurance coverage in effect at the time of the collision. Even if you find yourself in this situation, you may have options to pursue a recovery.
Collectible Damages in No-Fault Claims
New York State requires all drivers to have no-fault insurance, which, according to the New York State Department of Financial Services (NYSDFS), covers basic expenses. If you are injured while in your parked car, you may be able to make a claim for these basic losses under your own no-fault insurance policy.
These damages may include:
- Payment of medical and rehabilitation expenses resulting from the collision
- Partial payment of lost income if you are unable to work
- Reimbursement of a limited amount of reasonable and necessary expenses, such as the cost of transportation to and from medical treatment or household
help that is necessary due to your injuries.
We can help you file a claim against your no-fault insurance policy, and can also investigate whether you have other coverage, called Supplemental Underinsured or Uninsured Motorist Coverage (“SUM” coverage) that may enable you to pursue compensation for pain and suffering even if the responsible person has no coverage.
Additionally, we may be able to pursue compensation through New York’s Motor Vehicle Accident Indemnification Corporation (MVAIC) in situations where the driver who struck you was uninsured, and you have no SUM coverage.
After a parked car collision, you likely will need help filing an insurance claim or a personal injury lawsuit seeking damages. While you focus on recovering from the collision, we can handle the legal details when someone hits your parked car.
Through the claims process, you can hold negligent parties accountable for their actions in striking your parked vehicle.
Call Rosenberg & Gluck, L.L.P. for Help with Pursuing Compensation
Rosenberg & Gluck, L.L.P. is waiting to hear from you about your case. Call us today and get a free case evaluation. You will pay nothing upfront for us to handle your case and nothing until you receive compensation for your injuries.