Accidents can happen to anyone, and one common, often unforeseen incident involves hitting a parked car. If you find yourself in this situation in California, the law requires you to take specific steps to rectify the situation.
Failing to follow these obligations could lead to hit-and-run charges under Vehicle Code 20002 VC, which carry potentially significant consequences if you are convicted. The most common places for hit-and-run accidents are parking lots, garages, and streets with parallel parking.
These offenses are typically misdemeanors that carry up to a year in jail. The charges would likely be more severe if someone were hurt. You will also generally have to compensate the owner and could face higher costs for car insurance.
A hit-and-run car accident occurs when you crash your vehicle and then flee the scene. Fleeing the scene is a criminal offense.
In California, for example, the elements of the hit-and-run crime are that you were driving when you were involved in a motor vehicle accident and that the accident caused damage to someone else's property.
It must be proven that you knew or should have known that you had been involved in an accident that caused damage. Also, you willfully failed to stop at the scene or otherwise provide your identifying information to the owner of the damaged property.
Notably, the damage has to be done to someone else's property. If you hit a parked car and leave because your vehicle is damaged but the other one is not, you would not be liable for a hit-and-run. You should take photos of the other vehicle to prove that there was no damage.
However, some vehicle damage may be difficult to see. Also, your insurance company may require you to report all accidents, or they may deny your insurance claim.
California Law Regarding Hitting a Parked Car (VC 20002)
California Vehicle Code 20002 VC addresses accidents where a driver causes damage to another person's property, including parked vehicles. If you hit a parked car, state law mandates specific actions that you must take, even if the car's owner is not present at the time of the collision.
VC 20002 says, "(a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following…."
Thus, to comply with Vehicle Code 20002, you must do the following:
- Stop Immediately: You are required to stop your car at the nearest location that won't obstruct traffic or create a safety hazard. Leaving the scene without stopping, even briefly, can lead to criminal charges.
- Take Steps to Notify the Owner: If the owner of the damaged vehicle is not present, you must leave a note containing your name, address, and an explanation of the circumstances surrounding the accident. The note must be left in a "conspicuous place," such as tucked securely under the windshield wiper or taped visibly to the car. Make sure the note is easily identifiable and not likely to blow away.
- Notify Local Law Enforcement: At your earliest convenience, you are required to report the collision to the police department of the city or municipality where the accident occurred, or if in an unincorporated area, report it to the California Highway Patrol.
- Provide Additional Documentation (if requested): If the owner or law enforcement later contacts you, you must share additional information, including your driver's license, vehicle registration, and insurance information. This applies not just to the vehicle's driver but also to its registered owner if they are present.
What are the Consequences of Failing to Comply?
If you do not meet the requirements above, you could be charged with misdemeanor hit-and-run under Vehicle Code 20002. Being found guilty of this offense can lead to the following penalties:
- Fines of up to $1000 and
- Up to 6 months in county jail.
- Misdemeanor summary probation.
Bear in mind that beyond criminal charges, you may also face civil lawsuits from the property owner. This could require you to compensate them for the repair costs or any other financial losses caused by the accident.
You would also face an infraction for failing to exchange insurance information, which carries another fine of $250. Points will also be added to your driving record for the offense. If you accumulate too many points, your driver's license could be suspended.
If there was someone in the vehicle when you hit it, and they suffered a bodily injury or got killed, then the penalties would substantially increase.
Will the Car Insurance Company Raise My Rates?
You should expect your auto insurance company to raise your insurance rates if you are convicted of a hit-and-run involving a parked car or any other type of hit-and-run. The insurance company will consider you more of a risk to insure.
This increase in rates can vary depending on the severity of the incident and your insurance provider. Sometimes, the rise in your premium costs is higher than the property damage you caused, making the financial impact even more significant.
What if Somebody Hit My Parked Car?
Suppose someone hits your car and flees the scene. In that case, you will need your car insurance coverage.
The first step of the claims process is to file an insurance claim with your insurance company. An insurance agent will examine the vehicle and take photos of the damage. They will then estimate the repair costs.
Suppose the accident is within the terms of your car insurance policy's collision coverage or uninsured motorist coverage. In that case, your insurance company will cover the repair costs because it was not your fault. You will still have to pay up to the deductible.
If you do not have car insurance, you must pay the repair costs out of pocket. You might try to find the hit-and-run driver, which involves calling the local police department and filing a police report or an accident report.
Security cameras might have evidence of the crash or at least the vehicle's license plate number. If you find them, you can file a claim against the at-fault driver's insurance provider.
What are the Defense Strategies for Hit-and-Run Charges?
If you have been accused of a hit-and-run after hitting a parked car, you do have some recourse. A California criminal defense attorney can employ various strategies to defend your case. The specific approach will depend on the details of your situation, but common defense strategies include:
- Lack of Intent: For a hit-and-run conviction, the prosecution must prove that you knowingly left the scene without fulfilling your legal obligations. If you can demonstrate that you were unaware an accident occurred-for example, you were driving a large vehicle. You didn't realize you had grazed a smaller parked car; your attorney can use this fact to weaken the prosecution's case.
- Mistaken Identity: Many hit-and-run accusations rely on witness testimony, surveillance footage, or circumstantial evidence. If you were not at the scene, someone else was driving your car, or you were simply mistaken for someone else, your attorney may present evidence to this effect or challenge any weak evidence tying you to the scene.
- Emergency Situations: In some scenarios, there may have been an emergency that prevented you from complying with the law. For instance, if you were injured or had to leave the scene due to immediate danger, your attorney could argue that your failure to act was not intentional. This may also constitute a strategy known as "guilty with an explanation," in which you admit to leaving the scene but can explain the extraordinary circumstances surrounding your actions with supporting evidence. This strategy can often result in dismissed charges or mitigated penalties.
- Lack of Damage: If the collision did not cause any discernible damage and the parked car owner cannot provide evidence of harm, your attorney could argue there was no legal obligation to leave a note or report the incident.
For more information, contact our criminal defense law firm, Eisner Gorin LLP, based in Los Angeles, CA.
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