Most people know what to do after a car accident on the road, but what happens if you have been involved in an auto accident on private property?
If you have been involved in an accident on private property in Greenville, South Carolina and are unsure of the steps you should take, contact an auto accident lawyer at Hernandez & Cabra today to discuss your legal options.
What to Do After a Car Accident on Private Property
You may have heard the rumor that if your accident happens in a parking lot or at someone’s house that you do not have to call the police. However, after a car accident on private property, it is in your best interests to make sure the police come to the scene. This is important because the police can document the scene of the accident and also provide a police report, which is absolutely crucial in order to settle a claim with insurance after a car accident.
There is a chance, however, that the police may advise you that they cannot fill out a police report because private properties are out of their jurisdiction. If this happens, be sure to collect as many pictures of the scene and report the accident to the South Carolina Department of Motor Vehicles.
South Carolina law states that you must call the police if a person has been injured or killed, or if there has been $1,000 or more of property damage in any type of car accident.
After a car accident on private property in Greenville, South Carolina, you should also notify the owner of the property in question to advise them that an auto accident has taken place.
Who is Responsible for an Accident on Private Property?
South Carolina is an “at-fault” state, meaning that the person responsible for a car accident in Greenville, South Carolina is also responsible for the damages incurred, however, it can sometimes be difficult to determine fault for auto accidents which occur on private properties like parking lots.
While it is possible for both parties of a car accident to be at fault, it is also possible for just the property owner to be at fault for the auto accident. An example of a property owner being held liable for damages include situations where there are no stop signs at an intersection or when there are blind spots in a parking lot or garage.
If you have been involved in an auto accident on private property, the at-fault party is responsible for the following damages:
- Economic damages: medical bills, lost wages, prescribed medication, property damage, etc.
- Non-economic damages: pain and suffering, emotional distress, etc.
The same laws apply to car accidents on private property as they do on public roads in Greenville, South Carolina. This means that the at-fault party is held liable for the accident. If both parties are to blame for the accident, they both may be responsible for damages, but this does not mean they are ineligible for receiving compensation. If you are found partially at fault for an accident, you can still be compensated as long as you are not responsible for more than 50% of the damages. This is called comparative negligence.
The party held responsible for the accident will ultimately be determined by how the accident was caused. For example, if a person was texting while driving and hit your car in a parking lot, they will be held responsible. On the other hand, if a parking lot did not have proper signs, the property owner is likely to be held responsible for the auto accident. This is why it’s important to hire an attorney after a car accident in Greenville, South Carolina to help you prove the party at fault.
In the event that a party is found at fault for a car accident on private property due to carelessness such as distracted driving, the at-fault party will not get a ticket because police have no jurisdiction on private property. This makes it difficult to prove negligence in an accident because there was no ticket issued. If this happens to you, contact a lawyer at Hernandez & Cabra to discuss your options.
Call Hernandez & Cabra Today to Discuss Your Accident on Private Property
It is important to know what to do after a car accident on private property. If you’ve been involved in an auto accident while in a parking lot or other form of private property, contact an experienced lawyer at Hernandez & Cabra in Greenville, South Carolina today to discuss your options. Our lawyers can help determine who was at fault and file a claim that gives you the compensation you deserve.
For any legal questions or concerns about the accident you have experienced on private property in Greenville, South Carolina, contact our lawyers today.