Parking lots may seem safer than highways, but they are hotspots for accidents due to tight spaces, blind spots, and distracted drivers. Determining who is at fault in a parking lot accident can be tricky because right-of-way rules are not always clear, and both drivers may share responsibility.
So, who pays for damages in a parking lot collision? It depends on who had the right-of-way, who was moving, and whether negligence was involved.
In this guide, we’ll explain:
Common types of parking lot accidents
How fault is determined
What to do after a parking lot accident
How insurance companies handle these claims
If you were in a parking lot accident, don’t let confusion prevent you from getting compensation. Get a free case evaluation today!
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Common Types of Parking Lot Accidents
Most parking lot accidents occur at low speeds, but they can still result in vehicle damage, injuries, and insurance disputes.
1. Two Cars Backing Into Each Other
🚗🔄🚗 Both drivers are in reverse and collide while backing out of their parking spots.
✔ Fault: Usually shared since both vehicles were moving and had a responsibility to check for traffic.
2. A Car Backs into a Moving Vehicle
🚗🔄➡️ If a car backing out of a parking spot collides with a car driving down the lane, the backing car is usually at fault.
✔ Fault: The driver backing out must yield to oncoming traffic.
3. A Car Hits a Parked Vehicle
🚗❌ If a moving car hits a legally parked car, the moving driver is at fault.
✔ Fault: The parked car has the right to be there—the driver in motion is responsible.
🚨 EXCEPTION: If the parked car was illegally parked (e.g., in a fire lane or blocking traffic), liability may be shared.
4. Two Cars Collide While Trying to Park
🚗➡️⬅️🚗 Two drivers may attempt to park in the same space or misjudge distance, leading to a collision.
✔ Fault: Usually shared, but it depends on who had the right-of-way.
5. A Car Hits a Pedestrian in a Parking Lot
🚶♂️❌🚗 Parking lots are dangerous for pedestrians since drivers are often distracted or rushing.
✔ Fault: The driver is usually at fault, as pedestrians always have the right-of-way.
🚨 EXCEPTION: If a pedestrian was jaywalking, running between cars, or distracted, they may share some fault.
How Fault Is Determined in a Parking Lot Accident
Unlike accidents on public roads, parking lot crashes don’t always follow standard traffic laws. However, right-of-way rules still apply.
Key Factors in Determining Fault:
🔹 Who Had the Right-of-Way?
✔ Main Lanes (Thru Lanes) have the right-of-way over drivers exiting parking spots.
✔ Drivers exiting parking spaces must yield to moving traffic.
🔹 Who Was Moving?
✔ If one car was stationary (parked) and the other was moving, the moving car is at fault.
✔ If both cars were moving, fault may be shared.
🔹 Was Distracted Driving Involved?
✔ Many parking lot crashes happen because drivers are on their phones, looking for spaces, or not paying attention.
🔹 Did a Traffic Sign or Marking Indicate Right-of-Way?
✔ Stop signs, yield signs, and painted arrows play a key role in determining fault.
🚨 TIP: Parking lot accidents are often considered 50/50 fault by insurance companies—so gathering evidence is crucial to proving liability.
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What to Do After a Parking Lot Accident
If you’re involved in a parking lot accident, take these steps to protect your rights and build a strong insurance claim.
1. Check for Injuries & Call for Help
🚑 If anyone is hurt, call 911 immediately.
2. Take Photos & Gather Evidence
📸 Document the scene with:
Vehicle damage from multiple angles
License plates and insurance details of all drivers
Traffic signs or markings showing right-of-way
Witness contact information
🚨 TIP: If the accident was a hit-and-run, check for security cameras in the parking lot.
3. Call the Police (If Needed)
🚔 Some parking lot accidents don’t require a police report, but it’s helpful for insurance claims if:
The damage is severe
Someone is injured
The other driver refuses to cooperate
4. Notify Your Insurance Company
📞 Report the accident to your insurance provider, even if it seems minor.
🚨 WARNING: Be careful with what you say—insurance companies may try to assign you partial fault.
📢 Speak to a Lawyer Before Accepting Fault 📢
How Insurance Companies Handle Parking Lot Accidents
Most parking lot accidents are considered “no-fault” or “shared-fault” claims unless one driver was clearly negligent.
Here’s how insurers typically handle these cases:
50/50 Liability – If both drivers were moving, insurers may split fault equally.
At-Fault Driver’s Insurance Pays – If one driver violated the right-of-way, their insurance covers damages.
Your Collision Coverage Pays – If the fault is disputed, you may need to use your insurance for repairs.
Uninsured Motorist Coverage Helps in Hit-and-Runs – If the at-fault driver flees, your insurance may cover your damages.
🚨 TIP: If you disagree with an insurance company’s decision, a lawyer can help challenge the ruling.
📢 Speak to a Lawyer About Your Claim 📢
Final Thoughts: Who’s at Fault in a Parking Lot Accident?
Backing vehicles must yield to moving cars.
Drivers in thru lanes have the right-of-way.
Collisions between two moving cars often result in shared fault.
If a parked car is hit, the moving driver is responsible.
Insurance companies often split blame—so evidence is crucial.
If you were involved in a parking lot accident, don’t assume you have to pay for damages out of pocket. You may be entitled to compensation for vehicle repairs, medical bills, and lost wages.
