When accidents occur on the road, we all know that the first thing you do is call the police to report the accident, exchange insurance information, and document the scene. But, what do you do when an accident occurs on private property? Who is liable, especially if the other driver leaves the scene?
Report the Accident
Even though the incident occurred on private property, you should still contact the police. You may find some law enforcement officers less than eager to participate in creating a report pertaining to an accident on private property because they generally do not have jurisdiction to issue citations or determine fault. They can, however, document the scene and provide a much needed police report of the incident. Most insurance companies are reluctant to pay on a claim, even if it occurred on private property, without a police report.
You should also contact the owner of the property and alert them to the accident as soon as possible. If the location of the accident has security assigned to patrol that area, you may want to flag them down and allow them to create an incident report of their own. If possible, ask them to send you a copy for your own records and to share with your insurance provider.
Who is Responsible?
When accidents occur on the road, the state generally has no liability to either party, even if road conditions may have been a factor in the accident. However, when an accident occurs on private property that changes. Not only can the two parties involved in the accident have fault, but the owner of the property may also share some liability. For example, if an accident occurs in a parking garage because the garage’s construction creates blind spots or overly narrow lanes around corners, that could lead to liability on the part of the garage owner.
As a result, many property owners will quickly become involved in any dispute between the parties involved in an accident. In some cases, this can be helpful, particularly if the property owner feels it has little liability for the accident and is willing to provide assistance in the form of security footage, incident reports, or other details. On the other hand, if the property owner assumes a defensive posture, they may push back against any efforts to obtain information or quickly resolve the dispute for fear of having to contribute to any settlement.
This can be further exacerbated if, as is often the case, the accident occurs in a parking lot while one party is away from their car and the other simply leaves the scene. While this may trigger uninsured motorist coverage, the parking lot owner may also have some liability on a premises liability policy. Thus, even though the property owner had little to nothing to do with the accident, they may end up in the cross-hairs of a plaintiff’s attorney simply by virtue of owning the land where the accident occurred.
Where to Start
If you are involved in an accident on private property, you may receive conflicting advice as to what you should do. As noted, report the accident to law enforcement and politely, but assertively ask for the creation of a police report.
Next, if you or someone in your vehicle has been injured, seek immediate medial attention. Some states will limit one’s recovery if they fail to timely seek medical attention, and any emergency condition should be treated at once so that it does not become worse.
Finally, call an attorney before you contact the insurance company. Insurance companies will attempt to pay you the least possible under the policy in order to minimize their own losses, and can be very misleading to the average person. An attorney experienced with personal injury law will have experience dealing with these companies and be able to tell you how to avoid any situations in which you receive less than the total amount to which you are entitled.
To find an attorney in your area, simply use the attorney search feature on HG.org. Look for an attorney near you that has experience in personal injury law. Be sure that he or she understands up front that the accident occurred on private property, and take any advice that the attorney gives regarding seeking treatment, speaking with insurance companies, or obtaining police reports.
