Kibbey Wagner, PLLC | November 11, 2022 | Car Accidents
Parking your car on the street, in a parking lot, or in a driveway is always a gamble. You lock the doors, go on your way, and hope when you return that your car is in the same shape as when you left it.
Someone, for a variety of reasons, may back into your car, side-swipe it, or swerve into it. What if you are still sitting in your parked car when someone hits you, and you sustain an injury?
Depending on the facts of your particular situation involving a parked car accident in Stuart, FL, you may be able to file a claim for compensation.
What Florida Law Requires After an Accident
Florida law requires drivers to contact local police or the Florida Highway Patrol immediately to report an accident if it caused anyone involved to be injured, fatally injured, or property damage of at least $500.
Police have to submit an accident report within 10 days after a car accident if it involved:
- Injury, death, or signs of pain or discomfort by any parties involved
- A commercial vehicle
- A vehicle that needed to be towed from the accident scene
- A hit and run
- A driver under the influence
If the accident doesn’t involve any of those factors, it can be self-reported to the state by submitting a crash report online or through the mail within ten days after the accident.
Will My Insurance Cover My Damages if Someone Hits My Parked Car?
In Florida, all drivers have to secure the following minimum limits of car insurance:
- $10,000 in Personal Injury Protection (PIP)
- $10,000 in Property Damage Liability (PDL)
When someone hits your parked car in Florida, you’ll have to go first through your own insurer to file a claim. Depending on the terms of your particular policy, the insurance company could help with the repair costs.
Some Floridians choose to buy more car insurance in addition to what is required by state law. Collision coverage could help if you need to fix or replace your car after it’s been damaged. This coverage applies whether you were at fault or not.
Uninsured/underinsured motorist coverage can apply in cases where your car has been hit by a driver who either doesn’t have insurance or doesn’t have enough insurance to pay for your repairs.
The personal injury protection required by state law won’t apply in a parked car incident unless you were in the car at the time of the accident. If you were in the car at the time and were injured, the PIP covers up to 80% of your medical expenses and 60% of any lost wages.
What if the Driver Committed a Hit and Run?
It is against the law for someone to hit your car and then leave without calling the police or leaving behind their contact information. Of course, that doesn’t stop it from happening all too frequently.
If the person who hit your car fled the scene and can’t be located, your insurance company may consider them an uninsured driver. In these cases, uninsured motorist insurance could help with repair costs. If the driver is located, you might be able to file a claim against them if your damages were more costly.
Contact a Stuart, FL, Car Accident Attorney with Questions About Damage to Your Parked Car
At best, someone hitting your parked car causes minimal damage, and it’s an inconvenience to deal with. But if the damage is more serious or you or a loved one happened to be in the car at the time of the collision, the stakes can be much higher. Consult with an experienced Stuart car accident attorney to map out how to best proceed.