What to Do if You’re Involved in an Accident on Private Property

Say you are backing up in a parking lot and hit someone else’s car. It is obvious what to do next: call the police, exchange information, and document everything. But things might be less clear when an accident occurs on private property.

When accidents occur on private property, they add another level to a legal case. This can be tricky and cause a lot of stress for the people involved in the accident. But with the guidance of a qualified personal injury attorney, you can navigate through this difficult time.

Why Do Accidents Happen on Private Property?

There are several reasons that accidents can occur on private property. Some of them are:

  1. Lack of Signage/Poor Signage

This would be an instance where it is unclear to drivers how to navigate a space. A parking lot that has very narrow entryways and exits, or a strange construction, might require signs for the average driver to navigate it. Without these signs–or with insufficient signs–there could be an accident.

  2. Driving Under the Influence

Driving when under the influence of drugs or alcohol is never a good idea. Whether in a private space or on public roads, accidents can happen when mixed with driving.

  3. Distracted Driving 

Distracted driving includes eating, using a cell phone, or adjusting the radio. Even taking your eyes off the road for a few seconds can lead to a catastrophic accident.

How Do You Prove Fault in an Accident on Private Property?

Establishing fault can be a bit tricky. Getting testimony from folks who were at the scene–called eyewitnesses–is really important, as it helps to establish how the accident happened. Another good source is if there are any security cameras on the premises. Even if there are no videos or witnesses, an accident reconstruction specialist can look at things like the tire marks to determine how fast someone was going, if they tried to stop, etc. This person, even though they were not there, can testify as an expert witness to give juries a sense of how the accident happened. This can help determine which party is a fault in the accident.

Who is Liable for an Accident on Private Property?

Now that the accident has happened, you may wonder who will be at fault. Determining fault is important as it will establish whose insurance will pay for any damages. To establish fault, one needs to show that a party acted negligently and that they owed you a duty of care. This can be a little tricky, as there are certain duties that people have in public that they do not in private.

One party is at fault

This might result from an incident such as the following: suppose one person is backing out of a parking spot and another person, distracted by a cell phone, hits the side of the vehicle because they did not see the person backing out. Even if the person backing out looked around before backing out, they could not anticipate the other person failing to stop for them. The person on the phone is at fault because they should have anticipated someone backing out of a parking spot.

Both parties are at fault

It is also possible that both parties are at fault. Return to the prior example, but suppose that the person backing out was also on a phone instead of checking to see if anyone else was in the parking lot. Both parties would be found at fault because they were neglecting their duties to one another.

I’ve Been in an Accident on Private Property. What Next?

Suppose you hit someone else’s car, and now both vehicles are on a neighbor’s lawn. What should you do next? Read on and follow these tips.

Do not leave the scene. 

As tempting as it may be to just leave the scene of an accident to avoid getting in trouble– especially if there is minimal damage–do not leave. Leaving the scene of an accident will cause you tremendous legal headaches down the road. It is a crime to leave the scene. 

Ensure everyone is safe.

The next thing to do is to calm down and ensure everyone is safe. If anyone is experiencing a medical issue, contact 911 and get help immediately. 

Contact the police.

Even though an accident occurred on private property, you still need to inform the police. While the police may be hesitant to get involved in the incident due to jurisdiction issues or because they cannot issue citations or determine whose fault the accident is, it is important that you still report this to the police. This will provide further documentation of how the accident happened. In fact, many insurance providers may not pay a claim that happens on private property absent the police report. Therefore, it is crucial to get the police to write at least a basic report summarizing the facts and including any notable details about the accident.

Notify your insurance provider.

Be sure to let your insurance provider know about the accident right away. Even if the damage appears minor, there could be injuries or issues that stem from the accident but only occur later. By not reporting the accident, you might not be able to get a claim for issues resulting from it.

Inform the property owner of the accident.

Contact the property owner as soon as possible and let them know about the accident. You have a duty to let them know if there are any hazards on the property created by the accident. For instance, if you disrupted a walkway, and someone trips and is injured, that could leave you liable. 

Many property owners these days have cameras–and that can be useful to you in proving how an accident happened. Letting them know right away can get them to preserve that footage. They may also be able to provide statements about what happened or serve as a witness if the case goes to trial.

Contact an Experienced Personal Injury Attorney Immediately

These cases can be extremely tricky just due to the fact that they occurred on private property. They are notoriously difficult, too, in terms of getting claims approved by insurance. An experienced personal injury attorney can help you take immediate action to protect your interests. Contact us today.