Parking Lot Accidents

Today we’re taking a deep dive into these types of car accidents, preparing you with the information you need to know if you’ve ever been involved in a parking lot accident in Miami, FL.

At Bernstein & Maryanoff, our attorneys are here to help support you with the information you need to know to navigate the legal system and recover the justice and compensation you deserve.

Common Causes for Accidents in Parking Lots

There are a number of factors that contribute to parking lot car accidents. Below are some common factors you should be aware of:

• Distracted driving 
• Congested parking lots
• Poor visibility or obstructed views
• Pedestrians 
• Poor or missing signage 
• Failure to yield

How To Determine Liability in a Parking Lot Accident in Florida

Determining parking lot accident fault in Florida is a lot like determining liability in standard traffic accidents, but there are specific scenarios that are more likely to occur than others.

Most parking lots have two types of lanes — a thoroughfare and a feeder. Thoroughfare lanes are considered the main driving lane. These are the lanes that lead to entrances and exits. A feeder lane feeds in and out of thoroughfares and typically leads to parking spaces.

As a general rule of thumb, drivers on the thoroughfare lane have the right of way. Vehicles that violate this right of way will generally be liable for an accident, though liability can also extend to both drivers. 

There are also certain scenarios in which traffic accidents happen in parking lots. 

Common scenarios include:

• Backing out accidents: The driver backing out is usually at fault unless the other driver was speeding or reckless.
• Two cars backing up simultaneously: The fault is often shared under the state’s comparative negligence laws.
• Hitting a legally parked car: The moving driver is almost always at fault when they hit a legally parked vehicle.
• Failure to yield/stop sign violations: The driver violating the sign is typically at fault.
• Competing for the same spot: Often shared fault, the driver turning right may have priority.
• Rear-end collisions: The driver in the rear is usually at fault.
• Accidents involving pedestrians: The driver is usually at fault, but pedestrians may be partially liable as well.

With some of these scenarios, both parties might be at fault. When this happens, Florida’s comparative negligence rule, F.S. § 768.81, allows victims, even those who are at fault, to seek compensation for their injuries. However, their compensation recovery is reduced by the percentage of fault they contributed to the accident.

Florida Parking Lot Accident Laws 

Under Florida law, F.S. § 316.065, you must report an accident if damages and injuries exceed $500. Additional laws to be aware of include the following: 

File With Your Personal Injury Protection Insurance

Florida follows a no-fault insurance system, meaning that all passengers and drivers injured in a car accident will turn to their own personal injury protection insurance to cover the cost of medical bills and lost wages up to $10,000. 

You must file a claim within 14 days according to the PIP 14-day rule in order to receive compensation.

Property Damage Liability (PDL)

Along with personal injury protection, drivers are required to carry a minimum of $10,000 in property damage liability. Claims for vehicle damage are made against the at-fault driver’s PDL coverage.

Leaving the Scene (Hit and Run)

Florida parking lot accident laws also detail specific rules regarding hit-and-run accidents. As outlined by F.S. § 316.061, fines and penalties will apply to drivers that flee a car accident in a parking lot. If you are a victim, make sure to file a report as quickly as you can, document the scene, file a claim with your PIP insurance, and seek out medical care.

What Steps To Take After an Accident in a Parking Lot

After a parking lot accident, taking the right steps early on can set the stage to help you recover the compensation you deserve.

• Ensure your safety by checking for injuries, moving your vehicle to the side if you’re able, and turning on your hazards.
• Report the accident to the police, especially if you believe there are over $500 in damages, either through injury or property damage. When an officer arrives, get their name and badge number, as well as the report number.
• Exchange information with the other driver including their contact info, driver’s license info, insurance details, plate number, and vehicle description. Do not discuss or admit to fault.
• Document everything — this includes taking photos and videos of the accident, damages to all vehicles, the surrounding environment, any applicable traffic signs, or other images that paint a clear picture of the accident. If there were any witnesses to the accident, take down their contact information as well.
• Under the 14-day PIP rule, you must seek medical care within 14 days of the accident or you might miss out on the ability to recover damages. 
• Notify your insurance company of the accident promptly.

What To Do if the Other Driver Leaves After a Parking Lot Accident

If you’re involved in an accident where the other driver flees, call the police immediately to file a report. The police can help you gather critical information like footage from cameras that captured the accident and witnesses who saw the hit and run.

You can still recover compensation through your insurance company and when the driver is found, you can pursue legal actions to recover any outstanding compensation you might be owed.

Do Insurance Companies Cover Parking Lot Accidents in Florida?

Many victims wonder, “Do insurance companies cover parking lot accidents in Florida?” The short answer is yes, but it does depend on the type of policy you have and your coverage. 

All drivers and vehicles must turn to their PIP insurance first to cover initial medical bills and lost wages. Your insurance claim can also go against the at-fault driver’s PDL insurance to recover compensation for your vehicle’s property damage. If you have collision coverage, you can also turn to your own insurance for the cost of the property damage.

Uninsured motorist coverage is an optional coverage that you may want to consider having. This coverage will kick in if the at-fault driver or the hit-and-run driver is uninsured or underinsured.

If you have comprehensive coverage, this coverage will kick in to cover you if your vehicle has been damaged by a hit-and-run driver or an object.

It’s important to also recognize that although insurance coverage will kick in whether you’re at fault or not at fault, your insurance premium may rise if you were the at-fault driver.

When Should You Call a Parking Lot Accident Lawyer in Miami? 

Although parking lot accidents typically result in minor car collisions and overall less serious injuries, you can still be faced with thousands of dollars in losses due to medical bills, lost wages, and property damage. 

The support of an experienced Miami car accident lawyer can help you file a claim that thoroughly pursues the total compensation you deserve. 

You might want to consider a legal consultation with an experienced parking lot accident attorney if you’ve experienced any of the following:

• Injuries both major and minor.
• Fault is disputed or unclear.
• The accident involved a hit-and-run driver.
• The other driver was uninsured or underinsured.
• The insurance company is delaying, denying, or lowballing a claim.
• The parking lot’s condition contributed to the accident (poor maintenance, lighting, signage). This can result in a premises liability case. 

Parking Lot Accident Statistics: Understanding the Risks 

While accidents in parking lots typically yield minor collisions and minor injuries, that doesn’t discount their seriousness, and the time, money, and energy victims lose. 

In Florida, it’s estimated that 20% of accidents in the state happen in parking lots. During the holiday season, including notable shopping days like Black Friday, fender benders and parking lot injuries involving pedestrians become more prevalent. 

A recent public opinion poll from the National Safety Council highlights that drivers in parking lots admitted to the following behaviors:

● Programing GPS systems (63%)
● Texting (56%)
● Using social media (52%)
● Sending or receiving emails (50%)
● Taking photos or watching videos (49%)

How Can Bernstein & Maryanoff, Injury Attorneys, Help?

At Bernstein & Maryanoff, Injury Attorneys, our expert team of personal injury attorneys have worked with thousands of victims like you who’ve been injured or suffered property damage due to a parking lot accident. Most importantly, we’ve helped them recover the compensation they deserve to pay for medical bills, lost wages, and vehicle repairs.

When you work with our team, you can expect legal representatives who will:

• Investigate the accident thoroughly by gathering evidence like security footage, speaking with police, and other involved witnesses.
• Determine all liable parties including at-fault drivers, government entities if the parking lot was poorly maintained, and others. 
• Navigate Florida’s complex insurance laws, while helping you stay in line with important deadlines like the PIP 14-day rule.
• Communication and negotiation with insurance companies. 
• Accurately calculate damages, including medical bills, lost wages, and pain and suffering.
• File a thorough claim on your behalf, negotiate aggressively for a fair settlement, and represent you in court, if necessary.

Our attorneys have expert knowledge in Miami car accident claims, as well as a thorough understanding of the local court system in Miami.

Speak with one of our personal injury attorneys when you schedule your free case evaluation. Call us obligation-free at 1-800-429-4529 or fill out our online form.

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