Liability for car park damage usually falls on the driver who caused it through negligence (e.g., reversing without looking, failing to give way), but can also involve the car park owner if they failed to provide a safe environment, or even pedestrians if they contributed to the accident; fault is determined by who breached their duty of care, often with shared responsibility if both drivers were at fault, requiring evidence like photos, witnesses, and CCTV to prove.
It depends on the situation. Usually, the driver who failed to give way, reversed without checking, or moved into another car's path is found at fault. But in some cases, both drivers may share responsibility. The more evidence you can provide, the easier it is to work out the fault.
Start by taking photos of the scratch and any nearby damage or paint transfer. Note down the time and place. Check for nearby CCTV footage or witnesses. If the damage is minor, you may still want to report it to the police, especially if the other driver didn't leave a note and notify your insurer.
Private driveways, garages, or car parks tend to be safer than parking on the street, so incidents of damage to parked vehicles are very rare. If any damage does occur, most personal motor insurance policies will cover you—just as they would if you were parked on a public road.
You hit another vehicle.
Many people don't realize that you could be charged with a hit-and-run if you hit another vehicle in a parking lot and leave the scene.
Drivers in main and feeder lanes have the right-of-way over vehicles pulling out of parking spaces. As a result, the driver pulling out of the spot will likely be liable for the accident. A driver may collide into another vehicle waiting at a stop sign.
If you're involved in a hit-and-run accident, here's what you should do right away:
Even when another driver is clearly responsible, some insurers raise rates because they consider your overall claims history, not just fault. While California isn't a no-fault state, insurance companies still track every claim you file. More claims can make you appear riskier, even if you weren't to blame.
Typically, your personal injury limitation period will start from the date of the accident. This is the date on which you first became injured. You will then have three years to make your claim from that date. There are exceptions to this rule, though, and it is important that you know about these.
If someone hits your parked car and leaves the scene, the accident could be considered a hit-and-run. This is a crime, and you should contact the police to file a report. The police might also be able to help you identify who hit your car.
The driver who exits first is not at fault but the second driver has a duty of care before exiting. If your car is hit while parked you are not at fault but, if your door was open, liability may be split 50:50. A collision can happen when 2 cars try to park in the same space.
Just because you can file a claim on a scratch or dent doesn't mean you should. Filing a claim may lead to an increase in your premium unless you have accident forgiveness. And if the damage is truly minor, it may not make sense to file because it could cost less to fix than the amount of your deductible.
Insurance companies determine fault by gathering evidence like police reports, driver/witness statements, photos, videos, and vehicle damage to reconstruct the accident, applying traffic laws, and assessing who violated rules (e.g., running a light, speeding) or acted negligently, often using comparative negligence to assign percentages of blame, especially in shared fault scenarios.
Many drivers forget that normal road rules still apply in private car parks. Obey posted speed limits, one‑way arrows, stop signs and pedestrian crossings, just as you would on the road. Failing to give way, speeding or driving dangerously in a car park can still lead to fines, demerit points and insurance headaches.
The current rate approved by the ATO is 88 cents per kilometre for the 2024/2025 financial year and claims are limited to 5000 business kilometres per car, per year. The cents per kilometre method doesn't require receipts, as the rate you can claim includes all your car expenses, including parking.
Negligence thus is most usefully stated as comprised of five, not four, elements: (1) duty, (2) breach, (3) cause in fact, (4) proximate cause, and (5) harm, each of which is briefly here explained.
Understanding Statutes of Limitations
These timeframes vary by state and the type of injury involved. For example, many states allow anywhere from 1 to 3 years to file a personal injury claim, such as those arising from car accidents, slip-and-fall incidents, or medical malpractice.
The hardest injuries to prove are often soft tissue injuries (like whiplash), chronic pain conditions (like fibromyalgia), and psychological trauma (like PTSD), because they lack clear physical evidence on standard scans (X-rays, MRIs) and rely heavily on subjective symptoms and documentation, making them challenging to link directly to an accident for insurance or legal claims. Internal injuries or mild traumatic brain injuries (mTBI) can also be difficult as symptoms might not appear immediately or show on initial tests.
Will I lose my no-claims bonus if someone hits my parked car? If you make a claim on your insurance for any damage to your car while it was parked, it's likely you'll lose your no-claims bonus, even if you weren't at fault.
It's usually not worth filing a car insurance claim for minor dents or scratches if the repair cost is close to your deductible or less than your No Claim Bonus value. Paying for small repairs yourself helps you keep your NCB discount and avoid higher premiums later.
If the other driver is insured and their provider agrees that you weren't at fault, they should cover the costs. This includes repairs, a courtesy car and other compensation costs. You won't need to get your insurance provider involved with the claim, but you should let them know what's going on.
After a car accident, you should not say "I'm sorry," "It was my fault," "I'm not hurt," or speculate about the cause; instead, focus on exchanging information, ensuring immediate safety, and letting police and insurance handle fault, as apologies and admissions can harm your claim. Avoid downplaying injuries, discussing details with the other driver beyond necessary info, and posting on social media, as any statement can be used against you later.
Report the Incident to Your Insurance Company
Notify your insurer as soon as possible. Give them all the accident details including the other driver's details, their car rego and the police report number. Reporting in time means your claim won't be delayed.
To determine who's at fault in an accident, claims adjusters usually talk to witnesses, look at police reports, and review the accounts of the accident from parties involved. Photos of vehicle or property damage can come into play, as well as a specific state's traffic laws.
A no fault motor vehicle accident is an accident that was not caused by the fault of the owner or driver of any motor vehicle in the accident in the use or operation of the vehicle and was not caused by the fault of any other person.