Introduction

Parking lot accidents are surprisingly common, with approximately one-fifth of all vehicle accidents occurring in parking lots and garages. While these low-speed collisions often cause minor damage, they can still result in significant injuries, especially to pedestrians. Understanding liability rules and how to handle insurance claims for parking lot accidents helps protect your rights.

This comprehensive guide covers everything you need to know about right-of-way rules in parking lots, common accident scenarios, proving fault without traffic signals, and dealing with hit-and-run incidents in parking areas.

Parking lot accidents involve unique liability considerations because standard traffic laws may not fully apply. We'll help you understand the rules and protect your claim.

Parking Lot Right-of-Way Rules

Vehicles in the main travel lanes have the right-of-way over vehicles pulling out of parking spaces. This is the most fundamental parking lot rule. A driver backing out must yield to vehicles already traveling in the lane.

Through lanes that connect to public streets generally have priority over feeder lanes within the parking area. Drivers entering from side rows must yield to those in the main thoroughfares.

Pedestrians always have the right-of-way in parking lots. Drivers must yield to pedestrians walking to and from their vehicles, including in driving lanes and at crosswalks. Pedestrian injuries in parking lots can result in significant liability.

Stop signs and directional markings in parking lots create enforceable right-of-way rules. While parking lots are private property, violating posted signs demonstrates negligence if it contributes to a collision.

Common Parking Lot Accidents

Back-out collisions occur when a driver reversing from a parking space strikes a passing vehicle. The backing driver is almost always at fault because they have a duty to ensure the path is clear before moving.

Two-car back-out accidents happen when vehicles in adjacent or facing spaces back out simultaneously and collide. Fault may be shared between both drivers, as neither ensured a clear path.

Collisions at intersections within parking lots follow similar rules to public road intersections. The driver who failed to yield at a stop sign or turned into another vehicle's path bears fault.

Pull-through accidents occur when a driver pulls through an empty space into the path of a vehicle in the next row. The pulling-through driver must ensure the adjacent lane is clear.

Pedestrian accidents in parking lots often involve drivers focused on finding a space rather than watching for people. Distracted drivers who strike pedestrians face significant liability.

Proving Fault in Parking Lots

Vehicle damage patterns indicate which vehicle was moving and in what direction. Damage to the rear quarter panel suggests the other vehicle struck you while backing out. Document damage patterns with photographs.

Witness testimony from other shoppers, passengers, or store employees can establish which vehicle was moving when the collision occurred. Get contact information before leaving the scene.

Surveillance footage from the parking lot is often available. Request that the property owner preserve footage immediately, as it may be overwritten within days. Retail stores typically have extensive camera coverage.

Many vehicles have backup cameras that record footage. If your vehicle or the other vehicle has this feature, the recording may capture the collision and prove fault.

The position of vehicles after the accident provides evidence about movements before impact. Photograph both vehicles and their positions relative to parking spaces and lane markings.

Hit and Run in Parking Lots

Parking lot hit-and-runs are unfortunately common because drivers may assume they can leave undetected. Leaving the scene of an accident is illegal regardless of where it occurs.

If another driver damages your parked car and leaves, check for witnesses and surveillance footage immediately. Nearby stores may have cameras that captured the incident and the fleeing vehicle.

File a police report for any hit-and-run, even minor damage. This documents the incident and may help identify the responsible driver through surveillance footage or witness tips.

Your collision coverage pays for hit-and-run damage to your vehicle regardless of fault. If you have uninsured motorist property damage coverage, this may also apply when the hit-and-run driver is never identified.

Insurance Claims for Parking Lot Accidents

Report the accident to your insurance company even if you believe the other driver is at fault. Your policy likely requires prompt reporting of all accidents involving your vehicle.

Avoid admitting fault at the scene. Even saying "I didn't see you" can be used against you. Exchange insurance information and let the investigators determine fault.

If liability is disputed, both insurance companies will investigate. Provide your account of the accident, any photographs you took, and witness contact information. Don't accept a 50/50 fault determination without evidence supporting that conclusion.

Minor parking lot accidents may not be worth pursuing through the other driver's insurance if your deductible exceeds the damage. Calculate whether filing a claim makes financial sense.

If you were injured, the claim becomes more significant. Even low-speed parking lot accidents can cause whiplash, back injuries, and other harm that requires medical treatment.

Frequently Asked Questions

Who is at fault in a parking lot accident?
Fault depends on the specific scenario. Drivers backing out must yield to through traffic, drivers in through lanes have right-of-way over parking aisles, both drivers backing simultaneously may share fault, and drivers violating parking lot signs or speed limits are typically at fault. Evidence and specific circumstances determine liability.
Do police come to parking lot accidents?
It varies by jurisdiction. Some police departments respond to private property accidents, others don't unless there are injuries. Even without a police report, you can file an insurance claim. Document the scene yourself with photos and witness information, and exchange insurance details with the other driver.
Can I sue the property owner for a parking lot accident?
Yes, if dangerous property conditions contributed to the accident. Claims arise from inadequate lighting making hazards invisible, lack of proper signage for traffic flow, potholes or uneven pavement causing loss of control, blocked sight lines from vegetation or structures, and icy/snowy conditions not properly maintained. The property owner owes a duty to maintain safe conditions.
What if both cars were backing up at the same time?
When both vehicles are backing simultaneously and collide, both drivers typically share fault for failing to ensure their path was clear before backing. Liability is often split 50/50, though factors like which driver started backing first or had better visibility can affect the fault allocation.
Can I get injured in a low-speed parking lot accident?
Yes. Even low-speed collisions can cause whiplash, back injuries, aggravation of pre-existing conditions, and soft tissue injuries. Don't assume low property damage means no injury. Seek medical attention if you feel any pain, as some injuries have delayed symptoms. Insurance companies often dispute injury causation in low-speed crashes.
How do I prove fault without a police report?
Evidence includes security camera footage from the business, witness statements from other shoppers or employees, photographs showing final vehicle positions and damage, damage patterns indicating angle of impact, and your own diagram and description of what happened. An attorney can help gather and present this evidence effectively.

Conclusion and Next Steps

Parking lot accidents follow their own right-of-way rules, with backing drivers and those entering travel lanes required to yield. Surveillance footage is often available and provides clear evidence of fault.

The most important steps you can take right now are: photograph all damage and vehicle positions, get witness contact information, request that the property owner preserve surveillance footage, exchange insurance information, and report the accident to police if there are injuries or significant damage.

If you've been injured in a parking lot accident, contact a qualified car accident attorney for a free case evaluation. An attorney can obtain surveillance footage, prove the other driver's fault, and pursue compensation for your injuries and vehicle damage.