You pull into a parking lot for a quick errand, and moments later, your bumper is crumpled, and the other driver is shaking their head. Parking lot crashes may happen at low speeds, but the injuries, property damage, and confusion about who pays can be just as stressful as any roadway collision.
If you have questions specific to your crash, a car accident lawyer in New York at Cassisi & Cassisi, P.C., may be able to help. This guide covers your general options for filing a claim after a parking lot car accident in New York, including how fault is determined.
Understanding Your Options for Filing a Claim After a Parking Lot Car Accident in New York
According to the National Safety Council, approximately 66% of drivers admit they would make phone calls while driving through a parking lot, and 56% would send text messages while navigating these areas. Yet, despite this apparently prevalent disregard for road safety, you may still pursue a claim after a parking lot collision in New York.
Parking lots are treated as private property under New York law, but that may not block injured drivers, passengers, or pedestrians from seeking compensation. You generally have two paths after a wreck: an insurance claim or a personal injury lawsuit. The right path depends on the severity of your injuries, the available insurance coverage, and who was responsible for the crash.
New York is a no-fault state, so your own personal injury protection coverage may pay for your initial medical bills and lost wages, regardless of whether you caused the crash. If you want to sue the at-fault driver for pain and suffering over and above these protections, your injuries usually have to meet New York’s “serious injury” threshold under Insurance Law § 5102(d).
Common Causes and Types of Parking Lot Collisions
According to Transline Industries, one in five (20%) of all vehicle accidents occur in parking lots, with over 60,000 people being injured in these spaces every year in the United States. Parking lots present a unique mix of moving cars, pedestrians, shopping carts, and tight sightlines, which can create predictable risks. Some frequent scenarios include:
- Two cars backing out: Drivers reverse from facing spaces at the same time.
- Backing into a through vehicle: One driver reverses out and strikes a car in the lane.
- Pulling out of a space into traffic: A driver pulls forward and hits a moving vehicle.
- Two drivers competing for one space: Both lunge for the same spot and collide.
- Rear-end collisions at stop signs or crosswalks: A trailing driver fails to stop in time.
Pedestrian and shopping cart strikes, phone use, and looking for parked cars can also play a role.
Determining Fault in Parking Lot Accident Cases With the Help of a Car Accident Lawyer in New York
According to data from the National Highway Traffic Safety Administration, an estimated 95,000 people were injured in non-traffic crashes in 2015. Even at low speeds and in full view of several witnesses, however, fault is rarely automatic.
If you want to understand your legal rights after a parking lot vehicle collision in New York, fault is a key factor. Drivers traveling in the through lanes have the right-of-way over drivers backing out of or pulling into spaces. However, determining fault in parking lot accident cases depends not only on right-of-way rules but also on witness accounts and any available video footage.
New York also follows the pure comparative negligence rule. That means you can still recover damages even if you share some blame. Your award will be reduced by your percentage of fault.
Reporting Requirements and Insurance Claims for Parking Lot Car Accidents
You may not always be required to file a police report after a parking lot crash, but it can be wise to do so. Police often respond to lot crashes involving injuries, but they may decline to respond to minor private-property fender-benders. If officers choose not to respond, you should still exchange information, take photos, and keep a written record, then file a report with the DMV within 10 days.
If you plan to file a third-party claim against the other driver’s liability insurance, you may want to learn about New York’s statute of limitations and what compensation options after a parking lot crash injury are realistically available.
Property owners may share liability when poor lot design, missing signage, broken lights, or potholes contribute to a crash. If so, a premises liability claim is another possibility.
Cassisi & Cassisi, P.C.’s Personal Injury Lawyer in New York Is Ready To Help You With a Parking Lot Crash Claim
Filing a claim after a parking lot car accident in New York might include handling insurers who disagree about who was at fault. A lawyer can review your crash details, explain how no-fault rules and comparative negligence may apply, and walk you through the steps to take after a car accident.
Consider contacting Cassisi & Cassisi, P.C., at (516) 294-5050 for a consultation. We concentrate on personal injury matters, including auto, pedestrian, and slip-and-fall cases.
Frequently Asked Questions
Below are answers to common questions about parking lot crashes in New York.
How Long Do You Have To File a Parking Lot Accident Claim in New York?
You typically have three years from the date of the crash to file a personal injury lawsuit in New York. Insurance claims should be reported to your carrier much sooner.
Can an Auto Accident Lawyer Help a Passenger Sue the Driver After a Parking Lot Crash?
A lawyer can help a passenger sue the at-fault driver, including the driver of the car they were riding in. The crash injuries must meet New York’s serious injury threshold.
What if Both Drivers Share Blame for a Parking Lot Crash?
Because New York follows pure comparative negligence, you can still pursue a claim after a parking lot car accident in New York with shared fault. Your share of responsibility reduces any recovery.
