Parking Lot Accidents: Who Is at Fault and What to Do

Small crashes, real injuries

Parking lot crashes happen at low speed, so people assume nobody gets hurt. Often that is true. But pedestrians get hit in parking lots all the time, and a low-speed impact can still injure a neck or back, especially in a car that was stopped and hit from behind.

They also produce some of the most frustrating claims, because the usual things that settle a car crash, a police report and a clear set of traffic rules, are often missing.

Why the police may not come

Most parking lots are private property. Police generally do not have to respond to a crash on private property, and many departments will not send an officer to a minor parking lot collision with no injuries.

Call 911 anyway if:

• Someone is hurt
• A driver seems drunk or impaired
• The other driver leaves, or tries to
• The other driver becomes aggressive

California’s hit-and-run laws apply in parking lots too. A driver who hits another car, a person or property in a parking lot and leaves without stopping and exchanging information is breaking the law.

If police do not come, you can usually still go to the police station or call the non-emergency line afterward to file a report.

Who is at fault

There are no lane lines or traffic lights to point to, so fault comes down to who had the right of way and who was being careful. Some common patterns:

• A car pulling out of a space generally has to yield to cars already moving in the lane
• Cars in the main lanes of a lot generally have the right of way over cars in the smaller aisles feeding into them
• Two cars backing out at the same time often share the fault
• Drivers have to watch for people on foot, who are everywhere in a parking lot

In California, sharing fault does not end a claim; it reduces it. Read what if the crash was partly my fault?

What to do at the scene

• Photograph everything before the cars move: where each car is, the damage, the parking space lines, any signs or arrows
• Get the other driver’s license, insurance and plate, and photograph them
• Look for witnesses and get their phone numbers. People walking to their cars see a lot
• Look for cameras. Stores and shopping centers almost always have them. Ask a manager to save the footage right away. Read how to save video after a crash
• Do not argue about fault, and do not apologize

After you leave

• Report it to your own insurer. Read should I call my insurer if the crash wasn’t my fault?
• File the DMV’s SR-1 if anyone was hurt or the damage is over $1,000. It applies on private property too. Read how to get your police report
• Get checked by a doctor if anything hurts, even a little

If you were hit on foot

A person hit by a car in a parking lot can have a serious claim, against the driver and sometimes against the property owner if poor lighting, blind corners or bad design played a part. Read pedestrian accidents.

Talk to Boyd

If you were hurt in a parking lot crash, call. The consultation is free, and Boyd takes the call himself: (714) 656-2400.