Accidents happen. In the case of hitting and damaging a parked car, the law requires that the driver who caused the accident take responsibility. Fleeing the scene after damaging someone else’s car is considered to be a hit-and-run accident. However, there is a remedy to avoid getting charged.
This article discusses hit-and-run accident law, what to do if you hit a parked car, and what to do if you find that your parked car has been hit.
Hit-and-run Accident Law
Under California Vehicle Code 20002, a vehicle accident that only causes property damage is required to take certain actions. If a driver hits a parked car, the first thing to do is to safely pull over before assessing the situation. The law instructs the driver on the next steps they should take. These steps are discussed in the next section.
While leaving the scene after a hit-and-run accident without taking these steps may not seem like it is a big deal, a driver who does not take these steps is considered to be a runaway driver. Knowingly leaving the scene after damaging another person’s car is a crime. A runaway driver is guilty of a misdemeanor.
The penalty is up to six months in jail and up to a $1,000.00 fine.
What to do when someone hits your parked car.
You witness the accident:
If you are in the vicinity of the accident when it occurs then-
- It is best to speak directly with the driver.
- You should photograph the damage on both vehicles, take down the driver’s contact and insurance information, as well as contact your local police department. An officer may not be available to come to the scene, but it is important that you file a report with the police.
- Last but not least, you will want to report the accident to your car insurance company so that they can pay for the damages incurred. You will likely need to take your car to be inspected by a mechanic who can prepare a quote for you to send to the insurance company.
You do not witness the accident.
If you find that your parked car has been damaged by another vehicle and the driver is not in sight, all is not lost. Hopefully, the driver left a note on your car with the relevant information for you to contact them.
If such a note exists:
- Reach out to the driver so you can resolve the issue together.
- Be sure to take photos of the damage.
- Report the accident to the police, and contact your car insurance company.
If a note does not exist:
- You may need to do some investigating in addition to photographing the damages and contacting your insurance.
- If possible, locate any witnesses who saw the accident. There may be a security camera in the vicinity that may have captured the accident on video. Reach out to the owner of the camera so you can get a copy of the footage.
- With the footage in hand, report the accident to the police so that they can help you track down the driver.
Remember, even if you contact the driver, you still need to report the accident to the police.
What to do if you hit a parked car.
- California puts the onus on the driver to contact the owner when the driver hits a parked car.
- If the owner cannot be easily located at the time, the driver should write a note with their name and phone number so that the owner can contact them.
- In addition, the note should be placed in a safe place where the owner can find it.
Tip: If you don’t regularly keep paper and a pen on you, keep a sticky pad and pen in your glove compartment.
You should take similar actions to the ones you would take if you were to find that someone else damaged your parked car. You will want to take photos of the damages, report the accident to the police, and contact your car insurance company.
My car was hit while parked. Will my car insurance rate go up?
Depending on the insurance company, the answer may be yes. There are some companies that will increase your insurance rate because they paid for the damages to your car. Some companies will not increase your rate in a hit-and-run accident situation.
However, if your car was parked illegally, the insurance company may decide to increase your rate because you exhibited risky behavior.
What are some defenses to a hit-and-run accident?
The following are some of the defenses an attorney can make on your behalf should you be charged with a hit-and-run accident:
- It may have been your car that hit the parked car, causing the damages, but you were not the driver. In this case, your attorney can argue that you did not hit-and-run from the accident.
- You were not aware that you damaged the other vehicle because the impact of your car hitting the parked car was not noticeable. As a result, you did not intentionally hit and run from the scene.
- No damage was caused to the parked car. Somehow, when you bumped into the parked car, neither car sustained any damage. If no damages were incurred, then no crime was committed.
Let Our Lawyers Offer Legal Counsel
A hit-and-run accident is frustrating to deal with, but taking it seriously is critical. If you’re involved in one, it’s important to know what to do. Contact our Bakersfield lawyers for a free consultation. We will guide you through the process of filing a claim and ensure you get deserving compensation.
