Discovering that your car has been hit while it was parked will likely cause a great deal of frustration and headache. However, it is important that you take appropriate action after the event to ensure the accident is handled properly and efficiently. In the case that you are dealing with a parked car accident, here is what you should do:
Make sure there are no injuries
If you were inside of your vehicle when the collision occurred, chances are you could be injured. In fact, years ago I had a client who was exiting their vehicle in a busy shopping mall when another driver backed into the driver-side spot and blindly backed INTO my client, crushing them between their car door and the moving vehicle. Needless to say, they were severely injured and required immediate medical attention. Although not every case is that extreme. Even if you are not injured, you should ensure the Defendant (the other driver) is okay. If any injuries are prevalent, be sure to call 911 right away.
Gather Evidence
Collect all of the evidence possible. Take photographs and video if you are able. Gather witness statements and be sure to collect their names, addresses and phone numbers. You should ask the driver for their license, registration and insurance information and the names and contact information of anyone else inside of their vehicle.
File a Report and/or the Police Department
In most cases, the police will not report to a non-injury accident unless special circumstances are prevalent. Special circumstances include intoxicated drivers, purposeful damages, and so on. However, even if the police do not respond to the accident scene, you are still obligated to file a report with your local DMV office and/or the police department if your damages exceed $750 and/or a person in injured. You have 10-days from the date of the crash to file this report.
Download the SR-1 Report of Traffic Crash form.
Keep a Journal
Keep a journal of all damages accrued as a result of the crash. Include auto repair costs, medical bills if you are injured, missed work, Uber/Lyft receipts and/or rental car receipts. All of this can be reimbursed by filing an insurance claim.
What If the Other Driver Left Without Leaving Their Information?
This is called a hit-and-run accident and is punishable under Nevada law as either a misdemeanor or felony. Additional penalties can include the revocation or suspension of your drivers license and potential jail time.
All drivers have a duty to stop and exchange information upon a traffic collision. If the other driver is not present, you are required to either wait for them to arrive, leave information in a place they will see it. If no information has been left, contact the police immediately and file a report. After that, you’ll want to contact your insurance agent to see if you have uninsured/underinsured motorist coverage. If not, you’ll have to wait to see if the police are able to locate the other driver and pursue legal charges against them.
Do I Have to Notify My Insurance Company When Someone Hits My Parked Car?
You should. Once you’ve gathered all of the required documentation and reported the accident, it is wise to contact your insurance company to see what steps you should take next and if required, file a claim. Note: If you are injured, you should bypass this step and have your personal injury attorney handle it for you!
Should I Hire a Lawyer?
If you were injured and the other driver is uninsured or underinsured or if there is a question of fault, you should absolutely consider hiring a personal injury law firm. An experienced lawyer will help you navigate the complex legal paperwork and processes and will fight against the insurance company to ensure you receive maximum compensation.
If the parked car accident resulted in injury to any party, you may be eligible to collect compensation for your medical bills, pain and suffering, and other damages related to the claim. If you have a question of whether or not you have a claim for a parked car accident, please contact our law firm for a free consultation. Call Brian Boyer Injury Lawyer at (702) 800-0988 today!
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