What Happens If You Have a Car Accident on Private Property?

July 26, 2024 | By Colombo Law

There are many misconceptions about parking lot accidents in West Virginia and other collisions that occur on private property. It is often difficult to understand your rights and how to pursue compensation.

Unfortunately, insurance companies do not make this any easier. If you have a legitimate claim for compensation, insurers will do whatever they can to use your uncertainty against you to pay as little as possible.

At Colombo Law, our experienced car accident lawyers are here to help. We know how frustrating the process can be, and we will give you straight answers and compassionate guidance so you can recover the maximum compensation you deserve.

Call us today at 304-599-4229 for a FREE case review. Our car accident attorneys serve clients in Morgantown and throughout West Virginia.

How Common Are Parking Lot Accidents in West Virginia?

According to statistics from the National Safety Council (NSC), each year on average there are:

50,000 parking lot accidents nationwide
60,000 injuries due to these accidents
500 or more fatalities

These accidents are far more widespread and dangerous than most people realize. Unfortunately, this is part of the reason why they are so common.

Why Do So Many Accidents Happen in Parking Lots?

When driving in a parking lot, the perception of danger is simply not as great as it is when driving on a busy road. There are not as many cars in motion in parking lots, and those that are are usually driving slowly.

As a result, more drivers feel comfortable engaging in distracted driving and other behaviors that contribute to accidents of all types—including parking lot accidents in West Virginia.

In an NSC public opinion poll, drivers admitted to many types of distracted driving while in parking lots:

Making phone calls (68%)
Programming GPS systems (63%)
Texting (56%)
Using social media (52%)
Sending or receiving emails (50%)
Taking photos or watching videos (49%)

Combine these behaviors with the limited visibility and crowded nature of many parking lots—especially those in busy areas like downtown Morgantown—and the reason for so many parking lot accidents is clear.

What to Do After a Parking Lot Accident in West Virginia

The steps you should take following a parking lot accident are not entirely different from the steps you would take after an accident on public property—though there are some nuances to be aware of.

Here is the basic process you should follow:

1. Check Yourself for Injuries

After an accident, even one that happens at slow speeds, your adrenaline can spike. This may make it difficult to evaluate whether or not you have been injured. Take a moment to focus on your body and check for any signs of injury. At the same time, keep in mind you may not be able to detect some symptoms of injury right away. A whiplash injury, for example, can take hours or even days before it causes pain.

2. Call the Police

After an accident on private property, the police may not arrive at the scene to complete a report. The police are only authorized to access private property for the purpose of investigating an accident if the property is “open to the use of the public at-large for any purpose” (see West Virginia Code §17C-14-13a). If this condition does not apply, the police may only file an incident report without attending the accident scene.

Regardless, you should not skip this step since an incident report can help solidify what happened and make it more difficult for an at-fault driver to deny involvement. If you do speak to the police about the accident, be careful to avoid saying anything that could be taken as admitting fault. This includes “I am sorry,” “I did not mean to…,” etc.

3. Get the Driver’s Information

Getting the other driver’s information after an accident is always important, but even more so after an accident on private property. If the police do not complete a report, the information you gather may be the only way for you to get in touch with the other driver and his or her insurance company. You should make sure to collect the driver’s:

Personal information, including full name, address, phone number, and driver’s license number
Vehicle information, including license plate number and vehicle make, model, and color
Insurance information, including company and policy number

4. Speak to Witnesses

If there were witnesses to the accident, you should approach them before they leave the scene to ask if they will provide an account of what they saw. You can record this on your phone or take notes. Make sure to also get their personal information so you can reach them at a later date if needed.

5. Take photos

When the police do not document an accident, it will be your responsibility to take photos to show:

The damage done to the vehicles
Any injuries the occupants of the vehicles suffered
The scene of the accident, including conditions such as lighting, weather, etc.
Damage to the roadway from the accident, such as skid marks, debris, etc.
The license plate of the other vehicle

Photographic evidence will help solidify the details of the claim, making it much more difficult for the at-fault driver to misrepresent the facts.

6. Contact an Accident Lawyer

When the other driver’s insurance company gets involved, they will have one goal in mind: to pay as little to you as possible. This may involve using your own words against you, challenging your claims, and more. Insurance companies are good at what they do, which is why having an experienced car accident attorney on your side can be so valuable.

Who Is Liable for Parking Lot Accidents in West Virginia?

Unlike roadways, there are not many stated rules in most parking lots. There may be some stop signs and lanes, but traffic tends to be less orderly as drivers seek to find or leave a parking space.

As such, liability is often about who initiated the collision. Here are a couple of examples:

Driver A is driving too quickly around a corner while texting on their phone, resulting in a collision with Driver B who was backing up. Driver A would be held liable due to their reckless and distracted driving.
Driver A is backing up while programming his or her GPS, not realizing Driver B is behind them waiting to take the parking spot, and a collision ensues. Driver A would likely be held liable for their distracted driving.

Every situation is unique and, in some cases, it may not be as clear-cut. West Virginia’s comparative negligence laws may come into play if both drivers share some of the responsibility for the accident.

Get a FREE Review of Your Accident Case

Most people have a lot of questions about what to do after parking lot accidents in West Virginia. Do not be surprised when the other driver’s insurance company challenges you and tries to confuse the situation as much as they can. They may question your evidence, your account of the accident, and the injuries and damages you have sustained.

At Colombo Law, we are here to hold them accountable. If you have suffered losses due to the negligence of another driver on private property, our lawyers will aggressively pursue the maximum compensation you deserve. We are here to help you win.