Average Parking Lot Accident Settlement
Parking lot accidents happen countless times every day that involve property damage and/or personal injuries. According to the National Safety Council, there are hundreds of people killed in parking lot crashes each year, and the problem is growing. The Council found that 500 people died and 60,000 were hurt in parking lot accidents in 2015 alone.
This article describes common accidents in parking lot, who is at fault, how a settlement amount is determined, and how to get the best settlement.
Common Parking Lot Accidents
One of the most frequent accidents in a parking lot is where the driver is backing out of a parking space and hits another vehicle, which may be either parked or moving. Usually, the driver who is backing out is found at fault, unless two cars were backing out at the same time and hit each other. In that case, fault is usually shared between the two drivers.
Typically an accident where you hit a car that is legally parked will result in you being found at
fault. This includes backing into a car that is parked, hitting a car with your door, or hitting it while you are driving in the parking lot.
Another common accident is where two vehicles are aiming for the same parking space and hit each other. This will often be a shared fault situation. But in many cases, the driver that has to cross the flow of parking lot traffic to get to the space may be found at fault. So this scenario is not as clear.
It also is common for drivers to hit parked cars and leave the accident scene. This is a hit and run and can be prosecuted as a misdemeanor in most cases where no injuries were involved. It also is important for drivers to watch out for pedestrians in a parking lot.
One advantage of having an accident in a parking lot: If there is any controversy about fault, it is very easy to collect accident evidence. Many parking lots now have video surveillance. It is usually easy to obtain a copy of the video and send it to the insurance company to determine fault.
Determining Fault in Parking Lot Accidents
Just as with any car accident, insurance companies in a parking lot crash will take statements and conduct an investigation. The company will consider all of the damages to vehicles to determine who is liable. Parking lot accidents are governed by fault determination rules that insurance adjusters will consult to determine who is responsible for the accident. The best policy when talking to insurance adjusters about the accident is to fully cooperate and provide accurate information.
However, if you think that you have been wrongly found at fault for the accident, you can appeal the company’s decision. Sometimes a third party mediator will be brought in to make a fair determination about the claim.
When the adjuster is looking the parking lot accident insurance claim, there are two major factors to consider:
- Was your vehicle moving? If your car was not moving and was hit by another vehicle, it is clear that liability is with the other driver. This assumes that your vehicle was legally parked.
- Who had right of way? If both vehicles were in motion, determining fault gets more complicated. It comes down to the issue of right of way. If the parking lot is clearly marked and laid out, there should be markings on the ground, as well as stop, yield and speed limit signs that make the rules clear in the lot. But if a driver does not follow the rules, then he or she is at fault. If the parking lot rules are not clear, then fault can vary depending upon the unique circumstances of the incident.
Parking Lot Accident Settlement
The biggest question most people have after any car accident with property damage and/or injury is: How much money will I get?
It is difficult to say with certainty how much you can get in a parking lot accident, given the many variables involved. However, what can be said is that with proper analysis, it is possible to get a good idea of what a case may be worth, how much of that money will go to you, how long it will take, and what the average settlement is for various types of accidents and injuries.
First, to determine what your case might be worth, let’s look at a typical settlement formula that attorneys and insurance companies use:
- Past medical costs
- Future medical costs
- Past lost wages
- Future lost wages
- Damages for pain and suffering
- Property damage
All you need to do is to add up these numbers and arrive at a figure. However, this is much easier said than done in some accidents. It is easy oftentimes to add up medical expenses and lost wages in simple, minor parking lot accidents. But what about pain and suffering in more serious accidents? How does one assign a dollar figure to that?
In some accidents, the insurance company may use a software program to compute the settlement formula, including pain and suffering. But it is not surprising to learn that the settlement amount that the insurance company’s computer puts out does not always match the true value of your injuries.
In a parking lot crash with serious injuries – such as when a speeding car hits a pedestrian – a computer system coming up with a number for pain and suffering is usually very low and unfair.
With more serious accidents in parking lots, it is smart to run your case by a personal injury attorney. The attorney is experienced in many types of car accidents, and will usually be able to make a fair estimate of the potential settlement for your case.
How Much You Get After Fees and Expenses
Another factor in your parking lot settlement amount is what you really get. There are two types of major expenses involved in personal injury claims:
- Attorneys’ fees: Attorneys’ fees should be clearly explained in the retainer agreement you sign. For many attorneys, the fee is 33% of the amount recovered if it settles before a suit is filed, and 40% of the amount recovered if the case is settled after a claim is filed. Any expenses that the attorney fronted during the claim or trial are paid back out of that contingency fee.
- Medical liens and medical bills: You will need to pay back any healthcare providers who provided your care. On the majority of medical bills, you can opt to pay for your medical expenses out of the settlement. A good personal injury attorney will continue to work after the settlement or verdict to ensure that medical bills and liens are reduced as much as can be.
Past Parking Lot Settlements
Here are some previous parking lot accident settlements that attorneys around the country have won for their clients. Your potential settlement could be much higher or lower:
- $42,000: A client was leaving a parking lot in Rhode Island when the defendant hit her in the rear passenger side of her vehicle at an intersection. The woman suffered soft tissue injuries to her shoulder, pelvis, back, arm and leg. The attorney established that the defendant was liable as he failed to see her at the intersection.
- High six figures: A client in Oregon was hurt in a low speed parking lot crash. At the trial, the defendant said that the client couldn’t have been hurt in such a minor accident. The injury was to the spine. The jury awarded a confidential sum that was in above $500,000 but lower than $1 million.
- $1.45 million: A woman was pinned between two cars in a parking lot and was unable to walk normally or work. The attorney filed the claim with the woman’s insurance company, who denied the claim. The jury awarded her 10 times the value of the policy.
Remember to talk to a personal injury attorney about your accident injuries to get an idea what your claim might be worth.
Avoiding Parking Lot Car Accidents
Parking lots have many cars and pedestrians and a lot of things are moving at once. Visibility is limited due to all of the parked vehicles. So it is important for drivers to always be cautious in parking lots.
Always drive slowly and proceed with caution in parking lots. Back up slowly and always look for pedestrians, especially children. Watch out for cars driving too fast around blind corners and not slowing down.
It also can be hard to see when you are backing from a spot next to a big truck or van. Be sure to back up very slowly so you can avoid accidents.
It also is very important for drivers to not be using smart phones while they are driving in parking lots. Some drivers think that because they are driving slowly, it is okay to be less cautious. In reality, it is almost as dangerous to be driving distracted at 5 MPH as it is at 50 MPH. Putting away the cell phone until the car is parked is the safest option.
Frequently Asked Questions:
What happens if you have a car accident on private property?
No matter where the accident occurs, it’s always a good idea to contact the police in order for them to file a report even on private property. If an accident occurs on private property, you should still follow the same protocol as if the accident happened on public property. In the occasion the collision happened on private property, the circumstances can sometimes get a little tricky when determining who is liable for the accident. It is possible for both parties to be found at- fault and in some cases the owner of the property may also be found liable. For example, if the owner of the property has poor quality of road signs such as missing a stop sign or a one-way sign leading to an accident, the owner of the property could be found liable. In the event you are involved in a collision on private property, it’s important to follow the same steps you would normally take if the accident occurred on a public road.
- Contact the police
- File police report
- Exchange information with the parties involved including the property owner
- Contact insurance provider
- Take photos of the accident and what might have caused the accident on the property
- Contact an attorney
Who is at fault in a parking lot accident?
As we all know, parking lots can be a zoo or a bit confusing when it comes to yielding or determining the right-of-way. With all the distractions going on such as pedestrians, bikers and odd parking lot designs, it’s no wonder parking lot accidents occur so frequently. Often times, we find ourselves backing up at the same time as the person directly in back of you. So how do you determine who is liable in a parking lot accident? At the point when a collision occurs, you can typically go by 2 determining factors to find out who’s liable in a parking lot mishap.
- Who’s car was in motion? Generally, the driver of a moving vehicle is for the most part the greater part to blame. If the other car was parked, there is only one driver to blame unless the parked car was parked illegally.
- Which driver had the right of way? In the occasion that two cars are moving, one car ordinarily has the right of way while the other car must yield. Naturally, if a driver is negligently driving or fails to yield, that driver will be to blame.
Is it legal to settle a car accident privately?
It’s not illegal to settle privately or offer/receive cash after a collision. However, there can be problems that come along with settling an accident in private. In the misfortune an accident occurs, the liable driver must reimburse others for the damages they have caused. They can pay out of pocket or they have the option to have their insurance company pay. It’s important to find out exactly how much compensation you are to be owed to assure you have been reimbursed the proper amount for all damages. For safety measures, it would be wise to settle the dispute through insurance to guarantee you are compensated for all expenses owed.
Is a parking lot accident no fault?
In every auto accident there is someone to blame, weather it’s one negligent driver or both drivers involved are deemed at-fault. Parking lot accidents can be tricky when determining who is at-fault due to most lots being private property. In this situation, there may be one driver found at-fault as well as the property owner if they have failed to provide a safe driving environment for the motorists. In some parking lot accidents the fault may be split 50% in the situation where both cars were moving for instance, backing up at the same time. Of course, in the situation were one car was parked and the negligent driver hits the parked car, the moving car will always be found at-fault.
Do police come to parking lot accidents?
Parking lots can be crowded, hectic places with distracted drivers and pedestrians. With so many distractions around, it’s easy to become involved in an accident. In the unfortunate event you are involved in a parking lot accident, it would be wise to call the police and make an incident report. After checking for injuries and making sure you’re in a safe location, be sure to call the police so a report can be filed. However, most parking lots are private property meaning the police may not arrive to the scene if injuries are not present. If you are a victim of a parking lot accident due to the negligence of another it does not necessarily mean that the negligent driver will be cited for the collision. Since most parking lots are private property, Vehicle Code cannot be enforced.
Does insurance cover an accident in a parking lot?
Parking lot accidents are frequent but generally minor with little damage. It is possible that your insurance provider may cover damages done from a parking lot accident however, it all depends on which type of coverage package you have. In order for insurance to cover the damages, you must have collision insurance. Although an accident that occurs in a parking lot is commonly private property, your insurance still applies correspondingly and handles the claim similarly to how they would on a public road.
I was backing out of a parking space and got hit, causing injury. Do I need a lawyer?
Anytime you become involved in an accident causing an injury, it is always a good idea to contact your personal injury attorney. Whenever you become involved in an accident, it is always important to contact the police and as soon as possible, contact an attorney. By doing so, the police can document an accurate report so that you are protected and legally covered by any false statements. This will also help your personal injury attorney by providing legal proof of the incident and injuries reported and will ensure you receive maximum compensation.
Who is at fault in a car accident when backing up?
Everyone knows how chaotic parking lots can be. There are distractions everywhere, which is why parking lot accidents are so frequent. Determining the at-fault party can be a challenge. There are two factors that essentially figure out who is to blame. Which car was in motion and were traffic rules violated? For the most part, the individual backing up from a space will hold some or the entire fault. However, being at least 51% to blame will restrict your ability to receive compensation. Yet, everything relies upon what the other driver discloses to their insurance agency. When one car begins backing out of their parking space, it is common sense that the vehicle opposite of it should observe and cautious. Unfortunately, with distractions around every corner it is quite easy to collide with another vehicle. Be sure to call the police so you can have legal documentation of the accident and any witness statements to provide concrete evidence when proving fault.