You are sitting in your parked car, not moving. You may not even have your seatbelt on as you feel it is very unlikely that you will be hit by a car while your vehicle is parked and may not even be running. Suddenly, out of nowhere, another vehicle hits you.
You are not faced with damages to your vehicle, but even more importantly, injuries that may be so severe in nature that they require ongoing medical attention and result in lost work. The loss of wages and the mounting medical bills can lead to financial disaster. Fortunately there are some legal actions one may take to protect themselves and their financial security in such a situation.
Injuries You May Sustain When Being Hit in a Parked Car
Car accidents can cause many injuries ranging from minor bruising to severely debilitating damage. Injuries that may occur when someone is hit while a car is parked often include neck and back injuries. In severe cases, more severe injuries may occur such as head and brain injuries, internal injuries, spinal cord injuries, and psychological injuries.
What Happens When a Driver Hits Your Car When You Are Parked in It
When you are parked in a car and are hit by another driver, the collision, even at slow speeds, can feel very powerful. This is because the car that hit you is in motion while your car is not. The motion perpetuated by the vehicle that hit you then transfers to your car and results in very strong forces. Depending on the speed of the car when it hit you, the damage can be very severe due to the nature of the accident.
Does Where You Were Parked and Sitting Matter?
When a parked car is hit by a moving vehicle, the person who is hit in the parked car may wonder if it matters where the car was parked. If the car was parked legally, you have no reason for concern. If the car was parked illegally, it may complicate matters but that does not excuse the driver of the other car from negligence if that was what caused him or her to collide with your vehicle. Where you are sitting when the car is hit does not matter. If you suffer injury due to the actions of the other driver, it does not matter if you incurred those accidents in the front seat or the back. The negligence of the other driver was the cause of the accident, not the location or your position within the vehicle.
Filing a Claim Against a Driver Who Hit You While Your Car Was Parked
When filing a claim against the person who hit your car while it was parked there are a few things you will need including the driver’s contact information and his or her insurance information. You will need to call the insurance company to report the accident and file a claim. It will be important that you prove fault (and negligence if that is the case) when filing your claim or your claim may be denied. If you were parked illegally when hit, it is important to note that the insurance company may try to fight the claim.
You may want to retain the services of a personal injury attorney to assist you with your claim. It is important to remember that even if the case is clear cut and the insurance company admits fault, it is not in their best interests to pay you as much as you are possibly entitled to. A personal injury attorney will work to ensure that you are awarded all of the damages you should receive, including damages for lost wages and pain and suffering. It is unlikely that an insurance agency will offer you the full amount of damages you are entitled to for pain and suffering without the help of a personal injury attorney.