Skip to main content
Recent Blog Post

What You Should Do After a Parking Lot Car Accident

Key Takeaways

  • Parking lot accidents can happen in any part of a parking lot, including feeder lanes and through lanes.
  • Parking lots are typically private property, so you need to bring your claim against the owner of the lot, not the municipality in which the lot is located.
  • You can claim the same types of damages in a parking lot accident as in an accident on a road.
  • Many people—drivers and pedestrians—are often distracted while driving in parking lots.

Parking lots offer many distractions. Vehicles move in all directions, people move between cars, traffic flow rules can be confusing, and shopping carts can appear almost anywhere. It can be hard to focus on your own driving. If you have ever been in a parking lot accident, you may be thinking, “Car accident in a parking lot. Who is at fault?”

Busy parking lots often provide very little instruction, and you could easily get confused about who has the right of way. While most parking lot accidents are simple fender benders, they can also be more serious.

Continue reading to learn when the fault might lie with you or another party. If you have suffered injuries or property damage due to an auto accident in a parking area, you need knowledgeable legal advice and an advocate on your side. Contact the experienced Michigan car accident attorneys at Matz Injury Law for legal help with your car accident claim.

A blue car shows a damaged rear side with dents and scratches, parked on a roadway with faint white lines marking the parking area.

What Are the Different Areas of a Parking Lot?

A typical parking lot has three main areas. Car accidents can happen in any of them.

Through Lanes

Through lanes, also known as thoroughfare lanes, are the main lanes that connect a parking lot to the street. A through lane may also run around all or part of a parking lot’s perimeter. Motorists often drive faster in through lanes, especially when they are in the process of entering or exiting the lot.

Feeder Lanes

Feeder lanes, sometimes known as parking lanes, provide direct access to the parking spots. A lot might have multiple feeder lanes running between aisles of parking spaces. Drivers are likely to go slower in a feeder lane while they look for a place to park.

Parking Spots

The parking spot is where a moving vehicle comes to rest. Vehicle accidents often occur when a motorist backs out of a parking space. Collisions with parked vehicles are also common occurrences.

Parking Lots Are Considered Private Property

Most parking lots are classified as private property. There is a chance that the police will not respond to parking lot accident calls because the accident took place on private property. If they do not respond, it is up to you to document the accident with photos and videos and obtain statements from witnesses, if any.

Remember to take photos of license plates. If someone commits a hit-and-run and you see it, take photos of the vehicle that left the scene (even if your vehicle was not involved in the accident). If you can get a clear photo of the license plate, do so. It will help attorneys and police track down the driver.

Who Has the Right of Way in a Michigan Parking Lot?

Different areas of parking lots have their own right-of-way rules. The location of a parking lot accident can help determine who had the right of way and who was at fault.

Pedestrian Right of Way

Pedestrians almost always have the right of way in a parking lot. Vehicles must come to a stop for pedestrians in crosswalks. Generally, cars must yield to pedestrians almost anywhere in the lot.

People who are on foot have to be careful as well. They should take care, for example, not to dart out from between parked cars and into the path of a moving vehicle whose driver may not see them. In that situation, the motorist might not be liable for the pedestrian’s injuries.

Vehicle Right of Way

Vehicles in the three parking lot areas described above have the right of way in the order they were listed:

  • Vehicles in through lanes have the right of way over vehicles in feeder lanes.
  • Vehicles in feeder lanes have the right of way over vehicles in parking spots.
  •  Vehicles in parking spots must always yield the right of way.

What Are the Most Common Accidents in Parking Lots?

A gray car is parked closely, almost touching, a large black vehicle in a parking lot. Surrounding buildings are white with windows, and foliage suggests an autumn setting.

Several types of parking lot accidents are common in Michigan, including:

  • Wrong Way: Sometimes, traffic flow rules are not marked clearly, and drivers move the wrong way in a feeder lane. Confused drivers may try to turn left without using a turn signal or checking for oncoming traffic.
  • Speed: The general rule in parking lots is that no one should drive faster than 15 miles per hour, even in thoroughfare lanes heading out to the street. Driving too fast in any part of a parking lot puts everyone in the immediate vicinity at risk of injury.
  • RearEnd Collisions: If the lead driver sees an open spot and stops quickly, a rear-end collision could occur. Two parked cars can have a rear-end collision if both drivers back into each other.
  • Distracted Driving: Driving while distracted is as much of a problem in parking lots as on the open road, if not more so. A driver looking for open spaces might not notice other vehicles or pedestrians.

Why Do Car Accidents in Parking Lots Occur Frequently?

Parking lot accidents happen for multiple reasons. Some are due to the confusing or chaotic nature of many parking lots. Others are due to the close proximity of vehicles and pedestrians. Common reasons for accidents include:

  • Distracted driving
  • Unsafe speed
  • Low visibility
  • Confusion

What Should You Do After a Car Accident in a Parking Lot?

If you have been involved in a parking lot accident as a driver, passenger, or pedestrian, you can take several steps to protect yourself and your legal rights.

Seek Medical Attention

A seemingly minor fender bender can cause serious injuries. Some injuries, such as whiplash, might not be apparent right away. Your priority should be your own safety and the safety of those around you. If you can, get yourself and others out of harm’s way and see if anyone — including you — needs immediate medical attention.

Call the Police

The 911 dispatcher may send police and, if necessary, paramedics to handle injuries. Even if no one is injured and property damage is minor, a police report will be useful if you file a claim with an insurance company. The police will document what happened and assess who was at fault. This information can help you with a personal injury claim.

Exchange Information

You will need insurance information from any other drivers involved in the accident. Getting contact information from witnesses can help you find them later if you need them for your claim.

Gather Evidence

If you are able, you can use this time to take pictures of the accident scene, any property damage to your vehicle, and your own injuries. The more evidence you can gather at the scene of the accident, the better, as long as you do not get in the way of a police investigation. You might ask witnesses on the scene if you could record a statement from them about what they saw. You can also write down or record your own account of what happened.

Report the Accident

You will need to report the accident to your insurance company. Even if you do not think the accident was bad enough to be worth an insurance claim, it is still smart to file a report. Another driver involved in the accident might notice damage to their vehicle, or they might notice signs of whiplash or other injuries and make their own claim. If your insurance company was unaware of the accident, it may be more difficult for you to prove that you were not at fault.

What Should You Do If You Are at Fault in a Parking Lot Accident?

Accidents happen, and sometimes, you are at fault.

For damage to an unoccupied vehicle:

  • Go inside the store to attempt to find the owner. You can have the owner paged by the description of the vehicle and license plate. You can also leave a note on the windshield that includes your contact information if you cannot find the owner or if the parking lot is for multiple stores.
  • Take a multitude of photos from every angle before you move your vehicle to show the damage you did.
  • Document the parking lot and the location in the parking lot, along with the time and date of the accident.
  • If you are involved in an accident with a moving vehicle, the steps are the same as an accident on the street. Check others for injuries, call the police, and, if necessary, call first responders. In this case, you should never admit fault, even if you believe the accident was your fault. Additional steps include:
  • Exchange information with the other driver, including vehicle years, makes and models, license plate numbers, driver’s license numbers, phone numbers, and insurance information.
  • Obtain any witness’s contact information and their statements.
  • Document the date, time, and location of the accident.
  • Take many photos of the vehicles involved, the entire accident scene, damages, and any known injuries.

How is Fault Determined in a Car Accident Within a Parking Lot?

Liability in a parking lot accident falls on the person who violated traffic laws or was otherwise negligent. This is why you should never admit fault if the accident happened with another moving vehicle. Most people do not know the intricacies of traffic laws, and the fault could be yours, the other driver’s, or a combination of yours and the other driver’s.

To determine fault, you must be able to prove:

  • The other driver breached a duty of care owed to other drivers.
  • The breach caused the accident.
  • The accident caused financial losses, such as medical expenses for injuries or damage to your vehicle.
  • You sustained financial losses in the accident.

An experienced car accident attorney can investigate the case, including any evidence, such as pictures, that you gathered to determine whether the other driver was at fault.

When Do I Need a Michigan Car Accident Attorney for My Parking Lot Collision?

A small blue toy car sits on a wooden table beside a gavel, while two people engage in discussion, suggesting legal or negotiation matters, with paperwork and a laptop in the background.

You may need a Michigan personal injury attorney if anyone, including yourself, suffered injuries in the accident or if the other party is attempting to assign fault to you.

Why Clients Choose Matz Injury Law

When you need to protect your rights in a car accident case, you need an experienced car accident lawyer on your side. Matz Injury Law is an established law firm with the experience you need for all types of accidents, including parking lot accidents and claims involving wrongful death.

Testimonials

“What a great crew at Matz Injury Law! Steve, Jared, Diane, and Kristina are top notch professionals and awesome individuals as well. Highly recommended!!!!” – Mitchell O.

“I have used Matz Injury Law over the years and they are the most honest and trustworthy attorney’s I have ever used. They go above and beyond for their clients. I would recommend them to anyone.” – David L.

“Steve Matz was there when I needed him. Nobody expects to be a victim of a car accident but when I found myself in that situation it was overwhelming. Steve made everything easy. Steve did not accept the insurance Company’s first offer. He held out and got me a better settlement. Steve is very kind and professional.  I highly recommend Matz Injury Law.” – Sharon K.

Additional Resources

Need Help After a Car Accident in a Parking Lot? Call Matz Injury Law.

If you have suffered injuries or property damage in a parking lot accident, you may have the right to compensation. You might not want to deal with insurance, though, especially if you are recovering from injuries. A personal injury lawyer can help you obtain damages for your injuries. Matz Injury Law can handle the details of your claim so you can focus on your recovery. An experienced attorney can help in the following ways:

  •  Making sure you understand your legal rights and options
  • Collecting evidence to support your case
  • Preparing your insurance claim
  • Advocating for you with the insurance company and working to negotiate a settlement
  • Preparing a lawsuit and arguing for your rights in court if necessary

The Michigan car accident lawyers at Matz Injury Law have decades of experience helping people injured in parking lot accidents and other vehicle accidents. We can help you recover what you deserve for your injuries. Contact our Matz Injury Law today at 866-226-6833 or through our online contact form.

Frequently Asked Questions

What Should I Do After a “Hit-and-Run” Parking Lot Accident?

A hit-and-run accident is when someone hits you and leaves the scene of the accident without leaving a note or attempting to find you. If this happens:

  • Ask others if they saw the accident.
  • Write down any information they provide, including their contact information.
  • Ask the building or store if it has security cameras.
  • Take photos of the damage prior to moving your vehicle.
  • Document the location of the parking lot, what time you arrived, and the time you noticed the damage.
  • Call the police to report the accident and ask for a police report.
  • Call your insurance company to report the accident if you plan to file a claim.

If you do not have collision coverage, you will be responsible for the repairs unless you can identify the driver who hit you.

How Do I Report a Parking Lot Accident in Michigan?

First, call the police to report a parking lot accident. While the police may document the damage, it is imperative that you also take photos and otherwise document the incident. If possible, obtain the other driver’s contact information, including:

  • Name
  • Phone number
  • Email address
  • Physical address
  • Mailing address
  • Registration information
  • Insurance information
  • Driver’s license number
What Should You Consider While Driving Through a Parking Lot?

Stay safe while driving in parking lots! This is easier said than done. Being aware of common distractions that result in parking lot accidents can make it easier for you to stay safe, and to lessen the likelihood of causing injury or damage due to a parking lot accident.

Here are a few tips on how to protect yourself and others:

  • Stay focused on your surroundings. Avoid your smartphone and keep your eyes on the road while looking for a parking spot.
  • Increase visibility by looking for parking spots that let you go forward to pull out.
  • At night, try to park in well-lit areas.
  • Drive slowly and use your turn signals.
When is the Owner of the Parking Lot Considered Liable?

Owner liability depends on the situation and whether the owner’s actions or inactions were negligent and contributed to the accident. Property owners have a legal duty to provide reasonably safe premises for customers and other visitors. They must either repair known hazards or warn people about dangerous conditions.

Does the At-Fault Driver’s Insurance Cover Parking Lot Accidents?

Michigan is a no-fault state. Your no-fault insurance may cover the accident, and you will recover medical bills and lost wages. However, if you suffered a “serious impairment of body function,” the at-fault driver’s insurance is liable for your pain and suffering up to the driver’s policy limit.

Additionally, your collision coverage or the other driver’s property protection coverage may cover any damage to your vehicle.

What Damages Could You Potentially Claim From a Parking Lot Accident in Michigan?

Depending on the severity of the accident, you may recover:

  • Past and future medical expenses
  • Property damages
  • Lost wages
  • Loss of future earning capacity
  • Pain and suffering
  • Loss of quality of life
  • Loss of consortium or companionship