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Someone Hit My Parked Car – Who Is Going to Pay for Damages?

December 5, 2020 by whipadmin

You’d think that having your car parked would lower the risk of an accident. However, it’s estimated that around 20% of all vehicle accidents actually occur in parking lots!

In most cases, when such accidents occur, people generally can get away unscathed or with some minor injuries. The same cannot always be said for the vehicle, unfortunately, which may need thousands of dollars worth of repairs. If you have been a victim of an accident in a parking lot, you may be wondering who is responsible for paying?

accident involving parked car

Proving Liability in a Car Accident

Auto insurance is mandatory in Missouri, which means that in most cases involving vehicle collisions, the parties seek compensation through insurance claims, rather than court. When you file a car accident claim because you are the victim and want to recover damages, you have to prove the other driver is at-fault and liable for your damages. If you were in the car when the accident occurred and the driver fled the scene, then your uninsured motorist insurance should generally cover the cost of your bodily injuries. 

In cases where one of the cars is parked, liability seems pretty obvious: the car that was moving is usually liable. In most instances that is true, however, there are some cases where the moving car is not to blame, or at least not entirely.

For example, if the investigation discovers that the parking lot was improperly maintained and that lead to the accident, then the at-fault party could end up be the owner of the parking lot.

In other cases, the parked vehicle may be held accountable as well. If you do not park your car properly, for instance, within the marked lines, and instead park on the curb, then it’s likely that you will not recover all damages. The insurance company could argue that you contributed at least in part to the extent of the damages by improper parking of your vehicle.

Remember that Missouri has a comparative fault system, where multiple parties can be held accountable and liable for the same event, even the party that bears the most damages.

Getting Compensation

If your parked car was hit, it’s best to speak with an experienced St. Louis car accident lawyer as soon as possible. First, you need to figure out who is liable for your damages and what compensation you may be entitled to.

The process of getting compensated isn’t exactly a walk in the park either, as the insurance company will likely try to pay out as little as possible. However, if you work with an experienced lawyer, you can prevent this from happening. Experienced attorneys understand the tricks insurance companies try to use to lower the amount they have to pay and can protect your rights from the start of your claim.

St. Louis Car Accident Lawyers

Have you been involved in a car accident in a parking lot? Reach out to a St. Louis car accident attorney at our law firm today for a case consultation and legal advice on how to proceed. With their help, you can get compensated for all your vehicle’s damages, and get the repairs you need.

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Filed Under: Whiplash St. Louis Blog Tagged With: Car Accident Claims, uninsured driver

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