Parking lots are bustling areas where pedestrians, vehicles, and cyclists converge, often leading to confusion and accidents. From parking lots on busy shopping centers to quiet residential streets, the risks associated with parked car accidents in Florida are ever-present. These incidents, while often minor, can result in costly vehicle repairs, injuries, or even tragic outcomes.

Parking lot collisions can also pose unique legal challenges. Determining fault isn’t always straightforward, especially when factors like illegally parked vehicles or hit-and-run drivers come into play. Whether it’s a minor fender-bender or significant property damage, understanding how to navigate these situations is essential for protecting your rights and avoiding unnecessary expenses.

This guide by our skilled Florida car accident lawyers explores the key aspects of parked car accidents in Florida, offering practical advice and insights to help you handle these situations effectively and minimize potential stress.

Who Pays For Damages in Accidents Involving Parked Cars in Florida?

In the aftermath of a parked car accident in Florida, determining who pays for damages can depend on various factors, including fault and the type of insurance coverage held by each party. Understanding your rights and obligations under Florida law is crucial to ensuring that you handle the situation appropriately.

Florida’s No-Fault Insurance System

Florida operates under a no-fault insurance system, requiring all drivers to carry Personal Injury Protection (PIP) insurance with a minimum of $10,000 in coverage. This coverage primarily addresses medical expenses for injuries sustained in an accident, regardless of fault. However, when it comes to property damage in parked car accidents, liability coverage and other insurance options come into play.

When You Hit a Parked Car

If you accidentally hit a parked car, you are generally responsible for the damages caused. In Florida, drivers are required to carry Property Damage Liability (PDL) coverage, which pays for repairs to the other vehicle. It’s essential to leave your contact information or notify the car’s owner if they are unavailable to avoid being charged with a hit-and-run under Florida law.

When Your Parked Car Is Hit

If your parked car is hit by another driver, their insurance should cover the cost of repairs under their Property Damage Liability policy. However, the situation can become more complicated if:

The Other Driver Is Uninsured or Underinsured: If the at-fault driver lacks adequate insurance coverage, your own Uninsured Motorist (UM) or Collision Insurance may step in to cover the damages.
The Other Driver Cannot Be Found: In hit-and-run cases where the responsible driver cannot be identified, your Collision Insurance or UM coverage can help cover repair costs.

Shared Fault in Parking Lot Accidents

Florida follows a comparative negligence rule, which means that liability for damages can be divided among the parties based on their percentage of fault. For example, if your car was partially obstructing the flow of traffic or improperly parked, you might be assigned a portion of the blame. In such cases, your insurance payout could be reduced by the percentage of fault assigned to you.

The Importance of Gathering Evidence

To ensure a smooth claims process, it’s vital to collect evidence if your parked car is hit. Take photos of the damage, the parking lot, and any skid marks or debris. If the other driver is present, exchange contact and insurance information. This documentation will support your claim, whether you’re dealing with the at-fault driver’s insurer or your own.

Florida Insurance Options That Can Help

Beyond PIP and PDL, certain types of insurance coverage can provide additional protection in parked car accidents in Florida:

Collision Coverage: Pays for repairs to your vehicle regardless of who is at fault.
Uninsured Motorist Coverage: Covers damages caused by a driver without insurance or in a hit-and-run scenario.
Comprehensive Coverage: Addresses non-collision-related damages, such as theft or weather-related incidents.

Parked car accidents in Florida can be frustrating, but knowing how damages are handled can simplify the process. Whether you’re responsible for hitting a car or dealing with damage to your own vehicle, understanding your insurance coverage and Florida’s laws is essential to resolving the matter efficiently.

Is The Other Driver Always At Fault in a Florida Parking Lot Accident?

Determining fault in parking lot accidents, especially those involving parked cars, isn’t always straightforward. While the moving driver is often presumed at fault in such collisions, this isn’t a hard-and-fast rule. Fault depends on the circumstances surrounding the accident, including the actions of both drivers, the location of the parked car, and even the condition of the parking lot itself.

When the Moving Driver Is Typically at Fault

In most cases, the driver of the moving vehicle is responsible for hitting a parked car. This is because Florida law requires all drivers to operate their vehicles safely and avoid obstacles, including stationary cars. Common scenarios where the moving driver is at fault include:

Distracted Driving: Failing to notice a parked car due to texting or other distractions.
Speeding: Driving too fast in a parking lot or ignoring speed limits.
Ignoring Traffic Signs: Disregarding posted stop signs or yielding instructions.

These actions constitute negligence, making the moving driver liable for damages.

When the Parked Car Shares Responsibility

Although the moving driver is often at fault, there are exceptions where the parked car’s owner could share or bear full responsibility. Situations where the parked car might share fault include:

Illegally Parked Vehicles: Cars parked in fire lanes, no-parking zones, or areas obstructing traffic flow can complicate liability.
Visibility Issues: If a vehicle is parked in a spot where it’s hard to see—such as behind a curve or in a dark, unlit area—the owner of the parked car might share fault.
Blocking Driveways or Exits: A car parked in a way that obstructs another driver’s ability to exit safely may bear partial responsibility for an accident.

Under Florida’s comparative negligence laws, liability can be divided between the moving driver and the parked car’s owner based on their respective roles in the accident.

The Role of Parking Lot Conditions and Property Owners

Fault in parking lot accidents isn’t always limited to drivers. Property owners are responsible for maintaining safe parking lots. Poor conditions such as broken pavement, potholes, or inadequate lighting can contribute to collisions. If these hazards played a role, the property owner might share liability.

For example, if a poorly lit parking lot makes it impossible for a driver to see an illegally parked car, both the vehicle owner and the property owner could share responsibility for the accident.

When Municipalities May Be Responsible

In public parking lots, municipalities are tasked with maintaining safe conditions. Issues such as missing lane markings, broken lighting, or unclear signage can lead to accidents. If a municipality fails to address these problems, they may share fault for the collision.

Understanding Florida’s Comparative Negligence Rule

Florida follows a comparative negligence system, meaning fault can be shared between multiple parties. For example, if a driver hits an illegally parked car in a poorly maintained parking lot, fault could be divided between the driver, the car’s owner, and the property owner. Each party’s degree of responsibility would impact the outcome of any insurance claims or lawsuits.

While the moving driver is often at fault in Florida parking lot accidents, exceptions and shared liability are common. Careful evaluation of the circumstances, including the actions of both drivers and the condition of the parking lot, is essential for determining fault accurately.

What Are Common Causes of Parking Lot Car Accidents?

Parking lots are frequent sites of distracted driving, often leading to parked car accidents in Florida. According to the National Safety Council (NSC), many drivers admit to risky behaviors in parking lots, such as:

Texting or making phone calls.
Checking emails or social media.
Programming GPS devices.
Grooming while driving.

Drivers may perceive these actions as less dangerous due to lower speeds, but parking lots present unique hazards, including:

Crowded spaces with closely packed vehicles.
High pedestrian traffic, especially children.
Unexpected obstacles like shopping carts.
Simultaneous vehicle movements into or out of spaces.

Parking Lot Laws for Private Owners

Florida law also holds private property owners responsible for maintaining safe parking lots. This includes proper signage, lighting, and clear pathways. Poor maintenance or design can increase accident risks, potentially making property owners liable.

Understanding these risks and responsibilities is key to reducing accidents and ensuring accountability in parking lots.

Someone Hit My Parked Car and Left, What Do I Do?

Under Florida law, drivers involved in an accident, including parked car accidents in Florida, are required to stop and provide their information. Failing to do so is considered a hit-and-run, a serious offense under Fla. Stat. § 316.061(1). Even when the crash only involves property damage, such as hitting a parked car, fence, or mailbox, the driver must:

Stay at the scene and attempt to locate the property owner.
If the owner cannot be found, leave a note with contact and insurance information in an obvious place.

Additionally, drivers involved in such incidents can self-file a crash report using the official Florida form, available here.

Steps to Take After a Hit-and-Run Accident

If you’ve been involved in a hit-and-run, here’s how you can work to locate the responsible party and seek compensation:

Gather Eyewitness Information
Speak with nearby witnesses who may have seen the accident. Details like the vehicle’s make, model, color, or license plate can be critical. Dashboard camera footage can also serve as evidence.
File a Police Report
Report the incident immediately to law enforcement, who can investigate and use resources like surveillance footage to identify the driver. More information about reporting hit-and-run incidents can be found on the Florida Highway Safety and Motor Vehicles website.
Contact Nearby Businesses or Homes
Local establishments or residents may have surveillance cameras capturing the incident. Send a formal request to access the footage if necessary.
Involve Government Agencies
If you have the vehicle’s license plate number, agencies like the Department of Motor Vehicles can help identify the owner.
Consult an Experienced Hit and Run Lawyer
An attorney can assist in locating the hit-and-run driver, working with law enforcement, and navigating insurance claims to ensure you receive fair compensation.

Do I Have to Report the Accident to the Police?

Florida law requires drivers to report an accident when property damage equals or exceeds $500, or if there are injuries or fatalities. This includes many cases of parked car accidents in Florida. Drivers must report the accident immediately using the fastest means of communication available.

Reporting Requirements

When to Report: Accidents must be reported promptly, especially if property damage reaches the $500 threshold or involves injuries.
Who to Report To: If the accident occurs in a city, report it to the local police. Outside city limits, notify the nearest Florida Highway Patrol station or county sheriff’s office.

Documentation for Accidents Below the Threshold

If an accident does not meet the $500 damage threshold or other reporting criteria (e.g., injuries, towed vehicles, or DUI involvement), a formal police report may not be required. However, it’s still essential to:

Take clear photographs of the damage.
Gather contact and insurance information from the other driver.
Collect witness statements if possible.

This documentation can be crucial for filing an insurance claim or resolving disputes later.

Reporting to Insurance

Even when a police report isn’t mandatory, it’s advisable to notify your insurance provider of the accident. Delays in reporting may result in denied coverage for any damages.

Will The Cost of My Insurance Increase If Someone Hits My Parked Car in Florida?

A common concern for drivers involved in parked car accidents in Florida is whether their insurance rates will increase. Generally, insurance premiums only rise when the policyholder is found at fault for an accident or violates the terms of their insurance policy. If your car was parked and hit by another vehicle, you were not at fault, so an increase is unlikely.

Exceptions to Consider

Illegally Parked Vehicles: If your car was parked illegally or obstructing traffic when the accident occurred, your insurer may determine partial fault, potentially impacting your rates.
Policy Terms: Some policies may have specific clauses regarding rate adjustments after claims. Reviewing your policy can clarify the conditions under which premiums may change.

Additional Protections

If you have accident forgiveness as part of your coverage, your rates may remain unaffected even if a claim is filed. To understand your specific situation, contact your insurance provider and discuss the circumstances of the accident.

Staying informed about your policy terms and Florida’s insurance rules can help ensure you handle parked car accidents appropriately without unnecessary financial strain.

What to Do if You Hit a Parked Car in Florida

If you’re involved in parked car accidents in Florida, it’s crucial to follow the right procedures to avoid legal trouble and protect yourself. Here’s what you need to do if you hit a parked car:

1. Don’t Leave the Scene

Florida law mandates that drivers involved in an accident, even if it’s just property damage, must stop and stay at the scene. Leaving the scene can result in criminal charges and fines. If you’re blocking traffic, it’s acceptable to move your car, but make sure to stay near the accident site.

2. Report the Incident to Authorities

In cases where damages exceed $500 or someone is injured, you must report the accident to the police. Simply leaving a note isn’t sufficient under Florida law. Failure to report an accident can lead to a traffic infraction. If the police don’t respond to the scene, you have 10 days to file a report with the Florida Department of Highway Safety and Motor Vehicles (FLHSMV).

3. Share Necessary Information

It’s essential to exchange information with the other driver. If the parked car is unoccupied, you must make an effort to find the owner. If you’re unable to locate them, leave a note with your name, address, and vehicle registration number. Be sure to also notify the police of the accident.

4. Document the Damage

Take clear and detailed photos of both vehicles and any damage. Use your phone to capture images from different angles, which can serve as evidence if there are disputes about the accident later.

5. Consult with a Personal Injury Lawyer

Even if you’re not at fault, it’s wise to speak with an experienced personal injury lawyer, particularly if there are injuries or significant damage involved. A lawyer can help you navigate the legal process and protect your rights.

Knowledgeable Florida Car Accident Lawyers

At Schilling & Silvers Personal Injury and Car Accident Lawyers, we have extensive experience handling all types of car accident cases, including those involving parked cars. Our dedicated team of attorneys understands the complexities of Florida’s car accident laws and is committed to helping you navigate the legal process with ease.

Whether you’re dealing with property damage, injuries, or insurance claims, we’re here to protect your rights and secure the compensation you deserve. Contact us today for a free consultation and let us put our knowledge and experience to work for you.

Parked Car Accidents in Florida