Ask an Expert: My car was hit in the parking lot, what should I do?
by John and Theresa Kightlinger
It is surprising how often someone hits a parked car in Michigan, and then just drives off without leaving a note or any contact information. This raises questions about what we should do next. What our attorneys tell people is that it is very important to call the police immediately and, if possible, get the at-fault driver’s name, phone, email, address and auto insurance information. Use your cellphone to take pictures of the posi oning of the vehicles as well as the vehicle damage. Make sure to take at least one picture of the responsible vehicle’s license plate.
Should I file a police report? Even if the vehicle was parked and no one was injured or even inside the vehicle when it was struck, you should always file a police report. This will officially document that the accident that caused damage to your vehicle had actually occurred, and that an at-fault driver’s neglect or carelessness caused it. Under Michigan law, any automobile crash involving vehicle damage of $1,000 or more must be reported and the police must file a police report. (MCL 257.622)
What information should I gather? After someone has hit your parked car in Michigan, you should get their: (1) name; (2) phone; (3) email address; (4) address; (5) license plate number; (6) insurance company name and policy number; (7) driver’s license number; and (8) you need to get witnesses’ names and contact information if there are any.
Someone hit my parked car and left, now what? If someone hit your parked car and left, that is a violation of the Michigan hit-and-run law. Anyone that causes vehicle damage in an accident “upon public or private property that is open to travel by the public” must remain at the scene and provide informa on to the other drivers and the police. (MCL 257.618(1))
Leaving the scene of an accident “that results in damage to a vehicle” is a misdemeanor, punishable by not more than 90 days in jail or a $100 fine or both. (MCL 257.618(2))
Someone hit my parked car and left a note, now what? If someone hit your parked car and left a note, that is likely a violation of the Michigan hit-and-run law. Nevertheless, the violation may be mitigated by a court if the note includes the following information: (1) the driver’s and owner’s name and address; (2) plate number; and (3) driver’s license number. (MCL 257.619)
What if I was inside of the car? If someone crashed into your parked vehicle in Michigan while you were inside of it and if you were injured, then you can make a claim for No-Fault benefits to cover your medical bills and lost wages. You also may be able to sue the at-fault driver for pain and suffering compensation, excess medical expenses, and wage loss.
To pay for any vehicle damage repair costs, you could sue the at-fault driver for up to $3,000 by filing a Michigan mini tort lawsuit or you could file a claim with your auto insurance company under your collision coverage.
Because you were inside of your vehicle when someone crashed into it and you were injured, your vehicle damage will not be covered by the at-fault driver’s “property protection insurance.” That only applies when a vehicle is unoccupied.
Do I have to pay a deductible?
If someone hit your parked, unoccupied car in Michigan, you will not have to pay a deductible if you file a vehicle damage claim through the driver’s “property protection insurance” coverage. Regardless, if you make a claim through your own collision coverage, then the terms of your policy will determine whether you will pay a deductible.
Someone hit my parked car. Will my insurance go up? If someone hit your parked car in Michigan, your auto insurance premiums could go up, even if you were 100% not at fault. Michigan law does not prevent insurance companies from increasing their rates based on their insureds being involved in a non-at-fault vehicle crash.
Someone hit my parked car and I have no insurance, now what? If someone hit your parked car in Michigan and you do not have insurance but you know the identity of the driver who crashed into your unoccupied vehicle, then you can file a claim for “property protection insurance” benefits with their insurer. However, if the driver left, then you will have to pay out of pocket for your vehicle damage.
Need help? Call the attorneys at Michigan Auto Law. If you have been injured in a parking lot accident and would like to speak with an experienced auto accident attorney, call toll-free anytime, 24/7, at 888-429-4759 for a free consultation.
John and Theresa Kightlinger own My Body Shop at 401 N. Clinton St., Stockbridge. The couple have lived in the area and raised their children here over the past 20 years. John has been in the auto body business since 1985, and Theresa began work at General Motors after high school. Between the two, they have been working on cars for more than 75 years.
