Can I File a Claim if My Car Was Parked and Another Car Hit It?
It can be quite a shock to return to your car after enjoying a leisurely lunch, running a quick errand, or doing virtually anything else, only to find that it’s been hit. If you were in the car at the time, however, the matter is that much more serious. A primary concern when it comes to a parked-car accident is identifying the at-fault driver, and if they fled the scene of the accident, it adds an additional layer of complication.
The way that cameras have multiplied in recent years, however, greatly improves your chances of identifying the negligent motorist who hit your parked car. If you find yourself in this challenging situation, discuss your claim with an experienced car accident attorney in Nashville today.
Negligence Applies
As motorists, we owe one another a duty of care. This duty extends to accepting an immense responsibility for the safety of everyone on the road – and it includes taking the precautions necessary not to hit parked vehicles. The elements necessary to bring successful car accident claims include each of the following:
- The other driver owed you a duty of care, which is established.
- They failed to live up to this responsibility.
- Their lapsed duty of care was the direct cause of the accident, which – in this case – is hitting your parked car.
- As a result, you suffered legal damage to your car and its contents
If You Were in Your Parked Car
If you were in your parked car at the time it was hit, there is the additional risk of being injured – and potentially of being seriously injured. If this is the situation you find yourself in, it’s likely to make identifying the negligent driver less challenging, and your claim is likely to address more comprehensive losses, including your medical expenses, lost income, and pain and suffering.
Bolstering Your Claim
A common ploy that is often employed when someone hits a parked car is accusing the parked car’s owner of parking illegally. This is a good example of why taking photos and videos of your car from every angle post-accident is an excellent plan.
Other forms of evidence that can help you identify the at-fault motorist as well as prove their negligence – such as distraction, which often plays a role in parked-car accidents – include all the following:
- Photos and videos shot by bystanders
- Footage from nearby dashcams, security cameras, and traffic cameras
- The testimony of eyewitnesses
- Any physical evidence discovered at the scene of the accident
Turn to An Experienced Car Accident Lawyer in Nashville Today
The trusted Nashville car accident attorneys at Raybin & Weissman dedicate our practice to championing the rights of valued clients like you. Your claim is important, so please reach out and contact us online or call 615-256-6666 for more information about what we can do to help you today.