Parking lots can be surprisingly hazardous places for drivers in Florida. Whether it’s a fender bender while reversing or a collision due to unclear right-of-way, parking lot collisions are common. Understanding insurance claims and determining fault in the aftermath of a legal matter can be like driving through a maze without a map. Below, we provide a thorough guide for handling the legal process after a parking lot collision in Florida to help you understand your rights, determine fault, manage insurance claims, and familiarize yourself with relevant parking lot accident laws in Florida.
Florida Parking Lot Accidents
Parking Lot Accidents In Florida: How Fault And Liability Are Determined
Parking lot collisions can leave both drivers pointing fingers. Here’s how Florida law actually sorts out fault.
- Florida doesn’t have a separate parking lot accident law; the same duty to stop, exchange information, and act with reasonable care applies anywhere, including private lots.
- Vehicles already in a parking lot’s traffic lane generally have the right-of-way over cars backing out of a space, and Florida’s comparative negligence rule can split fault between both drivers.
- Florida’s no-fault PIP coverage handles your initial medical expenses, but the at-fault driver’s liability insurance is what pays for property damage.
- If the accident involves more than $500 in damage or any injury, Florida law requires you to report it to the police.
Parking Lot Accident Laws in Florida
Although there aren’t any specific Florida parking lot accident laws, Florida has stringent motor vehicle laws that cover accidents on public and private roadways. Florida law requires all drivers, without exception, to stop and exchange information after an accident, regardless of where it occurs and whether the accident involves property damage, personal injury, or even death.
These laws emphasize the importance of staying at the scene and cooperating with other parties and law enforcement. Failing to fulfill these duties can lead to criminal charges and serious consequences.
Who Is Liable in Florida Parking Lot Accidents?
Florida’s “duty of care” concept dictates that each driver is responsible for acting cautiously and avoiding causing accidents. The driver who fails to exercise reasonable care, such as by ignoring signage, not yielding, or speeding, is usually found liable. Generally, the following factors are considered:
- Right-of-Way. Vehicles in traffic lanes typically have the right-of-way, with those pulling out of parking spots yielding to through traffic.
- Signage. Adhering to stop signs and yield signs is mandatory.
- Movement. Unexpected maneuvers like sudden reversing or not checking blind spots can contribute to accidents.
- Speeding. Exceeding the posted speed limit within a parking lot can be considered negligent driving.
Florida’s comparative negligence rule applies here. This rule determines the compensation amount based on each party’s level of fault, with blame for the accident assigned according to each driver’s contribution to the incident. An experienced attorney can help determine how this rule applies to your case.
After A Parking Lot Crash
Not Knowing Who’s At Fault Doesn’t Mean You’re Out Of Options
Parking lot accidents can feel like a gray area, with both sides pointing fingers and no clear answer. You don’t have to sort out who’s responsible on your own.
Schedule A Free ConsultationFiling Your Insurance Claim
The first step after a parking lot accident in Florida is contacting your insurance company. Here are some key points to remember:
- Be prepared. Before contacting your insurer, gather essential details, such as the other driver’s information, photos of the damage, and witness statements.
- Collect evidence. Photos and videos of the damage to all vehicles involved, the positions of the cars, and any relevant signs or markings are important to gather. If there are witnesses, get their contact details and statements.
- Police report. While parking lot accidents are typically minor, having an official report can still be beneficial.
- Honesty is key. Provide a truthful account of the accident. Exaggerations or omissions can jeopardize your claim.
- Review your coverage. Florida is a no-fault state, meaning your Personal Injury Protection (PIP) coverage will likely cover your initial medical expenses up to a specific limit. The at-fault driver’s liability insurance is utilized for property damage claims. However, for more substantial damages, fault determination becomes crucial.
You may be able to pursue compensation for damage and injuries through a civil personal injury claim in addition to making an insurance claim. A personal injury lawyer can evaluate your case and advise whether filing a lawsuit is the best course of action.
Need Help With a Parking Lot Accident Claim? Contact Us Today
What to Do Immediately After a Parking Lot Accident?
Stay at the scene, check for injuries, and exchange information with the other driver. Document the accident scene with photos and gather witness information if available. Contact the police if there are any injuries or significant damage.
We’ll Sort Out What Happened
Let Us Untangle Who’s Responsible For Your Parking Lot Accident
Between conflicting accounts, insurance pushback, and Florida’s fault rules, a parking lot accident claim can get complicated fast. James Horne Law gathers the evidence and deals with the insurance company so you don’t have to.
Schedule A Free ConsultationParking Lot Accident FAQ
More Questions About Fault In Florida Parking Lot Accidents
Who is usually at fault when a car backs out and hits another vehicle in a parking lot?
Does my own insurance or the other driver’s insurance pay for a parking lot accident in Florida?
Can a past traffic ticket be used against me in a parking lot accident claim?
Is it worth hiring a lawyer for a minor parking lot accident?
James “Jay” Horne is an AV-Preeminent rated aggressive litigation attorney, who focuses his practice on medical malpractice, personal injury and family law matters. He has successfully represented clients from case inception through trial and appeals in state and federal court. Jay was born and raised on the Suncoast. He is married and proud father to a one year old son. In his free time, he enjoys traveling, golfing and distance running during the cool months.