What Happens If I Hit a Parked Car?

If you hit a parked car (in a parking lot or anywhere else), here's what to know:

• Hitting a parked car is the same as any other kind of car accident when it comes to fault and insurance coverage.
• If no insurance covers the incident, whoever hit the parked car will be on the financial hook for any resulting vehicle damage.
• Failing to notify the vehicle owner could lead to serious consequences if you hit a parked car.

What Should I Do If I Hit a Parked Car?

In every state, vehicle codes and traffic laws set out a licensed driver's obligations after any kind of traffic accident, including a scenario where a parked vehicle is hit, and the owner isn't around.

For example, in California, if a driver hits a parked vehicle and is unable to identify and speak with the owner, the driver is required to leave a conspicuous written note on the vehicle. The note should include details like the driver's name and address, the name of the vehicle's owner (if different from the driver), and what happened. The driver then must notify the local police department or local California Highway Patrol office about what happened. (California Vehicle Code section 20002.)

So, even though state traffic and vehicle codes vary in terms of a driver's obligations when hitting a parked car or causing damage to property, you've probably met those obligations by:

• leaving a note that includes your contact and insurance information, and
• reporting the incident to local law enforcement.

Is Hit-and-Run on a Parked Car a Crime?

If you take steps like the ones outlined above after hitting a parked car, and do what you can under the circumstances (not simply drive away), you should be safe from criminal liability of any sort, such as penalties for "hit and run" or leaving the scene of a car accident.

But failure to comply with applicable traffic laws after hitting a parked vehicle can result in hit and run charges, especially if the incident results in a significant amount of property damage.

Maybe you're wondering, how does an accident become a potentially criminal act? In this situation, the accident occurred when you hit the vehicle. The criminal (intentional) act happened in the wake of the accident: you decided to drive away from the scene without fulfilling your legal obligations.

If I Hit a Parked Car and Drove Away, Is It a Felony?

Probably not. As long as no injuries resulted from the accident, if you're charged with a crime, it likely fall under the category of misdemeanor (less serious than a felony, but still significant). Criminal penalties vary from state to state, but punishment for a misdemeanor can include jail time and/or a fine. Most states classify their misdemeanors according to perceived seriousness, and set potential punishment accordingly. Learn more about the consequences of a hit and run accident and how crimes are classified.

Does Insurance Cover You If You Hit a Parked Car?

So far we've covered half of the "liability" question—your obligations under your state's traffic laws and potential criminal penalties for a parked car hit and hun—but the other half is your monetary liability for any vehicle damage you caused to the parked car.

The owner of the parked car can try to hold you responsible for paying for any necessary car repairs, including body work and painting touch-ups.

The (potential) good news is that, if you have car insurance, chances are your liability coverage will pay for the damage to the parked car (up to policy limits, of course). But keep in mind that if you don't notify your car insurance company right away that you hit another car, you may end up forfeiting your right to:

• make a claim under your coverage, or
• have your carrier defend you in the event that the owner of the other car does decide to pursue a claim against you.

Most policies require that you notify the insurer of any potential claim within a reasonable time. That's one more reason to contact your car insurance company after any kind of accident.

What If I Hit a Parked Car But There's No Damage?

Technically speaking, without damage to a parked vehicle, there's probably no hit and run crime, and there's no financial responsibility to assume. Your obligation to stop, find the vehicle owner, leave a note, and/or report the accident all presume that the vehicle was damaged when you hit it.

But the absence of visible damage isn't conclusive proof that the car you hit came through the incident unscathed. There could be damage you can't see (to the suspension, or the vehicle frame, for example). Bottom line: Driving away because you can't see visible damage isn't a good strategy after hitting a parked vehicle.

I Hit a Parked Car, Left a Note, and Nobody Called

There's always a chance that the vehicle owner got your note, saw that the vehicle damage was minor, and decided not to take any action. But just because you didn't hear from the car owner right away, or within a few weeks, that doesn't mean you won't hear from them at all.

Though the time limits vary from state to state, people usually have at least two years to bring a lawsuit for property damage after an accident (under a law known as a "statute of limitations"). So, you may need to potentially "sweat it out" for a while, since the person whose car you hit can file a lawsuit at any point before the statutory period runs out. Learn more about the property damage statute of limitations in your state.

Is the Owner of a Parked Vehicle Ever at Fault for an Accident?

By mere virtue of the fact that you hit a parked vehicle, you're almost certainly not going to escape financial responsibility for the resulting property damage. If the car was parked illegally, you can make a plausible argument that the vehicle owner bears some amount of fault for the accident, and that could reduce your share of liability, depending on your state's contributory or comparative negligence rules.

What Will Happen to My Insurance Rates If I Hit a Parked Car?

Let's say you hit a parked car. You leave a note, and the vehicle's owner calls you the next day. You give them your car insurance information, and they end up making a claim with your insurance carrier. The vehicle repair estimate is $2,200, and since you've got $10,000 in property damage liability coverage, your insurance company pays out on the claim.

It might be true that you "only" hit a parked car, but for your insurance company, the analysis is the same as it would be after any kind of traffic accident: Your negligence led to an avoidable crash, and the insurance company was forced to bear financial responsibility for that negligence.

So, you're probably seen as more of a "risk" now than you were before the parked car incident happened, meaning there's a really good chance that your car insurance rates (the "premium" you pay every month) will go up. Learn more about factors that affect your car insurance premiums.

What Should I Do If Someone Hit My Parked Car and Drove Off?

If your parked vehicle gets hit, there are a few steps you can take to protect yourself and try to identify the responsible driver:

• Call local law enforcement (via a non-emergency number) and see if an officer can be dispatched to the scene so that the incident can be investigated and a police report can be prepared.
• Take photos of the damage right away, while the car is still parked.
• Try to save any larger pieces of vehicle debris on the ground, especially if it looks like it didn't come from your vehicle.
• Make notes about where the incident occurred. If it's a parking lot, who owns it? What businesses are nearby? Especially if the incident occurred in a busy commercial area, there may have been witnesses, or there might be security/surveillance video that captured some aspect of what happened.
• Talk to your insurance company.

Will Insurance Cover My Car If It's Hit While Parked?

The answer here depends on whether you can identify the driver (and whether they're insured). If you know who hit your car, and they have the kind of property damage liability car insurance that's required in almost every state, you can file a third party car insurance claim with the other driver's insurer. This will get your vehicle repaired and back on the road.

If you don't know who hit your car, your insurance coverage options are much more narrow. Basically, you'll need to have collision coverage as part of your own car insurance policy. If you do, your insurer will probably pay for any vehicle damage, up to the limits of your coverage.

What If I'm Injured in a Parked Car That's Hit?

If you're in a parked car that's hit by another vehicle, and you suffer injuries, the insurance coverage and liability issues are typically the same as they would be if you were hit while in a moving vehicle.

It's probably going to be easy to prove the other driver was at fault, especially if the vehicle you were sitting in was parked legally. The at-fault driver's liability coverage will apply to your injuries, up to policy limits. You'd make a third party claim under that coverage, and negotiate a fair settlement that covers all your injuries and the impact they've had on your life (including compensation for your "pain and suffering").

If you have your own car insurance coverage, and it includes "personal injury protection" or "medical payments" coverage, you can get your accident-related medical bills paid right away, as they come in, even though you were in a parked car when your injuries happened. This is true regardless of whether you end up making a claim against the at-fault driver's insurance later on.

If the person who hit the vehicle you were in fled the scene, most of the same "hit and run" issues we covered earlier also apply here.

When Do I Need a Car Accident Lawyer?

Accidents involving parked cars can lead to a number of potential outcomes, and it's not typical to need a lawyer's help along the way. But no matter which side of the scenario you're on (whether you hit a parked car, or your own parked vehicle was hit), there could be a lot at stake for you financially, especially if vehicle damage is extensive and there's no applicable insurance. In that situation (and others) you might want to discuss your options—and your best path forward—with an experienced legal professional. Learn more about how an attorney can help after a car accident.