When a car accident occurs on the road, the first step is to phone the police to report the accident, exchange insurance information, and take pictures of the area. But what happens if the accident happens on private property? Who is responsible for the accident, especially if the other motorist flees the scene? Keep reading to find out and then contact Law Offices of Fernando D. Vargas at 909-982-0707 to speak to a personal injury attorney who can help you.
Report the accident
Even if the event happened on your own property, you should still call the cops. Because they do not have jurisdiction to issue tickets or assess culpability, some law enforcement officials may be hesitant to participate in the creation of a report involving an accident on private property. They may, however, take photographs of the scene and produce a much-needed police report. Without a police report, most insurance companies are hesitant to pay on a claim, even if it occurred on private land.
You should also call the property owner as soon as possible to inform them of the mishap. If there is security assigned to patrol the area where the accident occurred, you should flag them down and enable them to write an incident report on their own. If at all feasible, request a copy for your records and to share with your insurance company.
Who is in charge?
When there is an accident on the road, the state is typically not liable to either side, even though road conditions may have played a role in the event. When an accident happens on private land, however, things are different.
Not only might the two persons involved in the accident be held liable, but the property owner may also be held liable. For instance, if an accident happens in a parking garage as a result of the building’s structure creating blind spots or unreasonably small lanes around corners, the garage owner may be held liable.
As a result, many property owners will become embroiled in any disagreement between the individuals involved in an accident very soon. This can be useful in some circumstances, especially if the property owner believes it bears minimal responsibility for the disaster and is prepared to aid with surveillance video, incident reports, or other facts.
If the property owner, on the other hand, takes a defensive stance, they may resist any attempts to gather information or rapidly resolve the issue out of fear of having to pay to any settlement.
This can be compounded if the collision occurs in a parking lot when one party is gone from their car and the other just flees the scene, as is frequently the case. While uninsured motorist coverage may be triggered, the parking lot owner may also be liable under a premises liability insurance.
Even if the property owner had little to no involvement in the disaster, they may find themselves in the crosshairs of a plaintiff’s attorney just because they own the ground where it happened.
Where to begin
If you are in an accident on someone else’s property, you can get conflicting instructions about what to do. As previously said, notify law authorities and gently but firmly request the drafting of a police report.
If you or anybody else in your car has been wounded, get medical help right once. If you do not seek medical help right away, some states will limit your recuperation, and any emergency should be handled right away so it does not become worse.
Finally, before contacting the insurance company, consult an attorney. In order to limit their own losses, insurance firms will try to pay you the least amount possible under the policy, which may be quite deceptive to the typical individual. An attorney who specializes in personal injury law will have dealt with these businesses before and will be able to advise you on how to avoid receiving less than the full amount to which you are entitled. Contact Law Offices of Fernando D. Vargas at 909-982-0707 now for a free legal consultation.
