You backed out of a spot at the grocery store, only to collide with another car. Parking lot accidents usually happen at low speeds, but that doesn’t mean they can’t lead to injuries or vehicle damage that warrant a legal claim. They’re still car accidents that can cause significant injuries, and it’s worth consulting a New York car accident lawyer to learn more about your rights and possible legal options.
Parking lot accidents usually happen on private property. However, drivers still have a duty to operate their vehicles with reasonable care, and failing to do so can leave them responsible for the accident and its aftermath.
Parking Lot Accidents Raise the Same Legal Questions as Other Collisions
Drivers involved in parking lot accidents are often reluctant to consult a personal injury lawyer in NYC because they don’t believe such a crash “counts” the same way a highway accident does. They often assume that because the incidents happen at such low speeds, any resulting injuries cannot be serious.
The data says otherwise. Research shows that neck and back injuries can occur even at low speeds; in one study, 21% of people in accidents where the change in speed was under 10 miles per hour were diagnosed with neck strain. Another study published in the Journal of Traffic Injury Prevention reported that 50% of people involved in low-speed crashes report lower back pain. People can also sustain serious or even fatal injuries in parking lot accidents. The National Highway Traffic Safety Administration estimates that about 15,000 people are injured, and more than 250 people die, every year in parking lot accidents.
Beyond the possibility of injury, many drivers wonder about liability. If another driver’s negligence contributed to the crash, you may have a claim against that driver.
In some situations, another party may also be involved. For example, a dangerous condition in a parking facility could contribute to an accident.
Determining responsibility for the accident and whether you have a claim can be complex, which is where a New York car accident lawyer can provide insights.
When Can You Make a Personal Injury Claim?
The National Safety Council estimates that about 20% of all vehicle accidents occur in parking lots. The actual number may be much higher, too, because many of these accidents go unreported to avoid higher insurance premiums, especially if the damage is minor and no one was hurt.
When drivers do make a claim, it may involve their own no-fault coverage or a third-party claim against the other driver. New York No-Fault insurance benefits generally cover medical expenses and certain lost earnings up to $50,000 without requiring the injured person first to prove who caused the crash.
However, New York No-Fault insurance generally doesn’t cover vehicle repairs or provide compensation for pain and suffering. To pursue non-economic damages against another driver through a personal injury claim, a person generally must establish that the accident caused a serious injury.
New York law defines serious injury strictly, and the categories include:
- Death
- Dismemberment
- Significant disfigurement
- Fractures
- Permanent loss of use of a body organ or member
- Permanent consequential limitations
- Loss of a fetus
- Significant limitations of a body function or system
If your injury meets the serious injury threshold, a New York auto accident lawyer can review the circumstances to help you determine whether you have a valid personal injury claim. You may also be able to file a lawsuit if the insurer denies a claim or makes an offer that doesn’t cover your expenses.
Determining Responsibility for a Parking Lot Car Accident
A key part of determining whether you have a legal claim after a parking lot accident is figuring out who’s responsible. This can be tricky, because right-of-way is often an important factor, but other circumstances can also affect who is responsible. Cars in the main travel lane typically take priority, but accidents can happen when drivers go too fast, two cars back out of their spaces at the same time, or multiple drivers go for the same spot.
Determining fault may involve reviewing evidence such as:
- Parking lot security footage (when available)
- Photos
- Vehicle damage patterns
- Witness statements
- Driver accounts
What if Both Drivers Share Fault?
Assigning fault in parking lot accidents isn’t always so straightforward. Sometimes, the evidence shows that both drivers made errors that contributed to the collision.
New York’s comparative fault rules apply when both drivers contributed to a crash. Under current rules, your recovery may be reduced based on your share of fault, and in some cases, being more at fault than the other party or parties can bar recovery.
Get Answers About a Parking Lot Accident Claim From a New York Car Accident Lawyer
A parking lot crash can leave you with questions about who was responsible and what to do next. Whether that involves an insurance claim, a personal injury claim, or another legal option depends on the facts. A New York car accident lawyer can also help explain the issues, including potential emotional distress claims.
If you were injured in a parking lot accident, Elliot Ifraimoff & Associates, PC can review the circumstances and discuss your legal options. Call (718) 205-1010 to learn more.
Frequently Asked Questions
Get answers to questions about liability for parking lot accidents and personal injury claims.
Does New York No-Fault Insurance Cover Parking Lot Accidents?
Yes. New York no-fault insurance generally applies to covered motor vehicle accidents, including qualifying accidents that occur in parking lots.
Can You Make an Insurance Claim for a Minor Parking Lot Accident?
Yes. Reporting the accident and notifying the appropriate insurer can be important even when the collision appears minor, because vehicle damage or injuries may become apparent later.
How Long Do You Have To Act?
New York generally gives you three years to file an action for personal injury or property damage arising from an accident, although exceptions and different deadlines can apply. A New York car accident lawyer can help with your specific case.