Mostly everyone knows what the protocol you should follow when you are involved in a car accident. You ensure everyone is okay, you make a phone call to local police to document the incident, exchange information such as insurance, and take photos and gather information. If you are reading this article, then you have another question to add: What happens if the accident happens on private property? Who will be held responsible for the accident, particularly if the other motorist flees the scene?
Here, we will outline some important information and what you should do.
Call The Police To Report The Accident
Even if the car accident took place on a privately owned property, the police should be contacted to file a report. Because police do not hold jurisdiction to issue a ticket or determine who is at fault, some may be hesitant to assist in filing a report for an accident that took place on private property. However, police will take photographs and file an official report that will help greatly in any claim that is sought after against an insurance company. Without it, it will be more difficult to seek compensation from an insurer.
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Making this outcome:
If the owner of the property is unaware of the accident, it is important to call to inform them of what has happened. If security is present at the property, they should be alerted so they may file a report of the accident to document it. If feasible, please ask for a copy for yourself and to provide it to your insurance carrier. This is why you should secure your car insurance, you can reach out to Youi Car Insurance Online to learn the due process as soon as you can and have your car insured.
Who is Liable?
State laws can vary regarding who is at fault. In a no-fault state, neither side is held accountable for a car collision on the road, even if road or weather conditions played a role in how the accident occurred. There are also states that are deemed “at-fault”, which means the party who is responsible for causing the accident will be liable for paying for all damages. There are different circumstances that may apply, such as accidents that take place on private land. In addition to both parties in an accident potentially being held liable, the property owner may be held accountable as well, even in part. For instance, if the crash happens inside a parking garage and the building’s structure produces a blind spot or if lanes are unreasonably small, the owner may be held responsible.
In this situation, the owners of the property would get embroiled in any disagreement with the individuals involved in an accident swiftly. This may be useful in certain circumstances, especially if the property owner believes they bear minimal responsibility and is prepared to aid with surveillance video, filed reports and other helpful evidence. But, if the property owner is defensive, they could resist any attempts to gather evidence that would help address the matter and move on in a timely manner, as they may be afraid they will have to pay for a settlement.
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This may be compounded if the collision happens in a parking lot where one individual is not present and the other has fled the scene, which happens quite often. Although this may fall under uninsured motorist coverage, the property owner could also have to contribute under premises liability. This could be the case, even if the property owner had little to no involvement in the collision. They could be named solely because they own the property.
Where Does One Begin in a Case Like This?
If you’re in an accident on someone else’s property, you can get contradictory instructions about how you should handle it. As mentioned, notify the police and firmly request a police report.
If you or anyone else is hurt, get medical help immediately. If you opt to not see a doctor and you are injured, some states will restrict your recuperation, especially if your injuries become worse because of it.
Lastly, before you engage with your insurance, consult with a personal injury attorney to determine how to present your case. To limit the amount they will be forced to pay, insurers will do everything they can to pay you the lowest amount possible. If you are unaware of what the value of your case is, you could lose out on a larger settlement. A pi lawyer will have dealt with people in the same situation as you and know how to get the maximum amount.
