parking lot accident

I got a call from a friend last week about a minor parking lot accident that got a little out of control due to the other driver becoming hostile on the scene when my friend insisted on trading insurance — instead of just verbally accepting fault. She says the other driver wanted her to admit fault at the scene. The problem is, she didn’t have to admit fault and she also didn’t believe she was at fault. Dealing with a hostile driver, you can probably imagine what went down.

What if a Parking Lot Accident Is Very Minor

First thing, the reason she didn’t believe she was at fault was that the collision was almost undetectable to her and her passenger. It happened when she was in the process of parking so she wasn’t sure if she was even moving at the time the cars made contact. When she got out of her vehicle to see if there was any damage, the other vehicle was no longer there. Once she walked around her vehicle and noticed no damage, she turned toward the store intending to inquire about possible camera footage while inside. She assumed the other driver must not have any damage either and had left the scene, but she still wanted to know what happened. 

The moment she turned toward the store she heard someone from far down the parking lot yell at her that she hit his car. When she turned around, he and his SUV were about 60-70 feet away and nowhere near where the incident happened.

Things got dicey when she insisted they trade insurance. He immediately threatened to call the police and tell them she had fled the scene. At this point she became scared and concerned. She was standing behind her car at the exact point of the impact so, to her, it appeared he was making an attempt to dishonestly control the narrative, and she felt she was dealing with someone who might say (or do) anything to make her look guilty. 

What should have been an easy exchange of insurance turned into a full-blown drama and it got worse from there. When he yelled back that he was calling the police, she replied to go ahead because she wouldn’t have any more interaction with him until police arrive. Other than yelling back and forth across the parking lot I agree with what she did overall. And she made another wise decision: she called 911 herself once she got back into her car to establish that she was not leaving the scene or refusing to give her insurance information. She also locked her doors in case the other drive became more unpredictable. I have to say that him being willing to make a false report about her after being challenged is a major red flag and not someone you want to have further contact with alone.

Calling 911 After a Parking Lot Accident

My friend told the 911 operator her side of the story and that she felt unsafe having contact with the other driver, requesting an officer to mediate. If you read my blog you know I generally discourage involving police unless it’s an emergency or required by law, but in this instance I agree with what she did. Personal safety comes first, and she knew she was obligated to give her insurance to the other driver, but because he had behaved with a hostile attitude she knew she needed help.

After calling 911, she called her insurance agent to let them know about the incident. She didn’t have to tell them the details on that first call, but she did. I don’t always advocate for that because while on the scene it’s not always easy to stay calm and remember every detail. Even a small fender bender can result in shock or get your adrenaline pumping. It’s better to make a statement once you have time to breathe and reflect on everything that happened. But letting the insurance company know a claim may be coming and establish contact with them can encourage them to stay in closer contact as the claim progresses.

Back to the scene, the officer was helpful and handled the insurance exchange himself so there would be no further contact between the drivers. But the situation didn’t end there because her insurance company called a week later to take her statement and let her know the other driver hired an attorney and was claiming injuries. She was shocked to hear that — because the only damage to her vehicle was a light scuff that didn’t even dent the bumper. I’ll write another post on how this story resolved, but for now I’ll go into my thoughts on how someone in this situation should handle a hostile driver situation at the scene.

Handling a Hostile Driver After a Parking Lot Accident

Step 1: Stay Calm and Collect Yourself

First things first: Take a deep breath. You’ve just had a minor collision, and tensions are running high, but the worst thing you can do is escalate the situation. Don’t match their hostility, no matter how tempting it is to tell them they’re overreacting. Staying calm not only protects your sanity, but it also helps you handle things more clearly—and trust me, you’ll need it.

Step 2: Don’t Admit Guilt, Even If They’re Pushing for It

This is crucial: Do not admit fault on the scene, even if the other driver is insisting you should. It’s natural to want to smooth things over by saying something like, “Oh, I didn’t see you,” or “Sorry about that!” But in the world of insurance claims, those little off-the-cuff comments can come back to bite you. It’s their job—and the insurance company’s job—to determine fault, not yours.

Here’s the thing: accidents, especially in parking lots, often involve multiple factors and parties, and it’s very possible that you’re not entirely—or even partly—at fault. If both parties share some responsibility, that’s for the claims adjusters to figure out. Your best bet is to stick to the facts: “We had a minor incident; let’s exchange information.”

Step 3: Exchange Information Like a Pro

Speaking of which, you’ll need to get their insurance information, contact details, and take down their license plate number. Likewise, give them yours. Regardless of who thinks who is at fault. Don’t try to verbally duke it out in the middle of a parking lot. And while you’re at it, snap a few pictures of both vehicles, the surrounding area, and anything else that might be useful later on. Take photos from close up, as well as a wider view showing the big picture.

Pro tip: Take pictures from multiple angles—even if you think it’s just a scrape. When you get home and realize there’s a larger scratch, having that photo evidence can be your saving grace.

Step 4: Call the Police, Even if They Don’t Show Up

Even for minor parking lot accidents, it can be helpful to call the police if you feel you need a police report for your insurance company. Depending on where you are and the details of the incident, police may not come to the scene, but having that call on record can be beneficial when you’re dealing with insurance. If they do show up, you may be able to get an official report, which often carries a lot more weight than “he-said, she-said” arguments. In my friend’s case, she asked the officer for a report, but he told her they don’t do reports for parking lot incidents unless a crime is committed.

Step 5: Document, Document, Document

If the other driver is amped up and making threats, or behaving unreasonably like in my friend’s situation, it’s a good idea to document the conversation. Write down what they said or, if things get really heated, discreetly start recording on your phone. The key here is to protect yourself. If you’re dealing with someone who’s hostile or looking to pin the blame on you, documentation is more important than you realize.

Step 6: The “Wait, Now They’re Claiming Injuries?” Scenario

Here’s where things can get dicey. Let’s say the other driver starts complaining of injuries—days, weeks, or even months after what you remember as a very minor scrape. This can feel unfair and even surreal, but it’s more common than you think. And this is exactly what happened to my friend.

What do you do?

  • Stick to the facts. You know what happened. You’ve documented the accident, and you have photos. When you talk to your insurance company, make sure you give a clear, honest account of what happened.
  • Avoid any further communication with the other driver. If they’ve hired an attorney, that’s a clear sign you should let your insurance company handle any interactions. Anything you say at this point can be used against you, even in casual conversation.
  • Don’t panic. Even if they’re claiming injuries or damages that seem overblown, this doesn’t automatically mean you’re at fault, and it doesn’t mean your insurance will just fork over a giant payout. Your insurer will investigate the claim thoroughly, especially if the circumstances seem suspicious.

Step 7: Talking to Your Insurance Company

When you report the accident, be factual and detailed. Here’s what to include:

  • The time, date, and location of the accident
  • A description of the other vehicle, including make, model, and license plate number
  • A recap of what happened—stick to the basics and avoid placing blame, even on the other driver
  • Photos of the scene and any damage
  • Whether or not there were witnesses (if someone else saw the accident, try to get their contact info)

In my friend’s situation, according to her, the exact point of impact of her vehicle and the other driver’s vehicle at the time of the incident could not be seen directly except from a very limited position — in a narrow line directly behind the row of vehicles, and in the path of the other driver — and conceivably he wouldn’t have been driving so fast right into the direct path of a pedestrian. So unless an investigation was initiated by the insurance company, the witness testimony was accepted as accurate.

I do feel my friend made a mistake in not insisting her passenger be given the chance to make a statement. I’m not entirely sure why the insurance adjuster didn’t also insist on it. If my friend was in New York at the time of the incident, I would have handled this.

Regardless of what happens in your own accident, the goal is to provide your insurance company with everything they need to process the claim quickly and fairly. Be truthful and don’t speculate. Your photos will ideally give the insurance company the information they need to make an accurate decision or decide if it needs to be investigated further. 

Step 8: Handling Claims Statements

After you’ve reported the accident, your insurance company will ask for an official statement. Again, stick to the facts. This is your chance to describe the accident in detail, but you want to avoid assigning blame, even subtly. Statements like “I should’ve been more careful” can make it seem like you’re admitting guilt, even if that’s not what you intended. Be ready to describe the position of all vehicles and any trees, buildings, other vehicles, or impediments. This can really help the insurance company understand what happened.

When in doubt, ask your insurance agent for guidance on anything else necessary for your statement. They deal with this every day and can help you avoid common pitfalls. Keep in mind the statement will be recorded, and you can’t take back something you say during the recording. That’s why writing everything down when it first happens will help you recall precisely what happened.

Step 9: When to Involve an Attorney in a Parking Lot Accident Situation

If you’re injured, your first call after 911 should be to an attorney you trust. We can help walk you through the process, make sure you ask the right questions and get the info we’ll need to proceed with a claim. On the other hand, many parking lot accidents are fender benders at low speed and minimal damage, so if the other driver is making claims that seem exaggerated, it may be time to talk to an attorney to protect yourself. Your insurance company may handle it for you if you’re covered, but a quick consultation with an attorney you personally trust can give you peace of mind. We can help you navigate the claims process, protect your rights, and make sure you’re not being taken advantage of.

Final Thoughts on Parking Lot Accidents

I’ve handled a lot of car accidents and I can tell you that minor parking lot accidents don’t have to turn into major headaches, it’s all in how you handle them. Stay calm, stick to the facts, and don’t let the other driver’s hostility push you into admitting guilt or making mistakes. With the right steps, you can protect yourself and make sure that what was just a small scrape doesn’t turn into a big dent in your insurance record—or your wallet. In many cases, the insurance company will assign a percentage of responsibility to assign both drivers’ liability, and that outcome can depend on following the right steps or having the right advice.

If you or someone you know has been involved in a car accident dispute, don’t hesitate to reach out to an attorney for legal advice.

 

If You Would Like To Find Out More About Having Getz & Braverman, P.C. Represent You Or Provide Legal Advice, Email, Live Chat, Or Call Us At 718-618-5567. We Also Accept Text Messages At 917-734-7583.

There are many sources of legal information available online. These articles and information on our blog and website do not constitute legal advice. “Attorney Advertising” and prior results do not guarantee a similar outcome. We adhere to all confidentiality requirements, but until we have accepted your case, no attorney-client privilege is established. The choice of selecting an attorney is an important personal decision that should be carefully considered. If you need legal advice, please contact an attorney directly.

Some of the case summaries, reports of past results and individual lawyer biographies on this website describe past matters handled for clients of the Firm. These descriptions are meant only to provide information to the public about the activities and experience of our lawyers. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our lawyers.

about Michael Braverman

Michael Braverman

“After years serving as Assistant District Attorney for the NY County District Attorney’s Office, I’ve dedicated my law practice to personal injury, criminal defense, and police brutality. I treat clients like family. Ask me a question or let’s talk about your case today. You’ll be glad you did.”

—Michael Braverman

Download Our Free Practical Legal Guide:

Auto accident guide includes tips on how to react when you’re in an auto accident…

Auto Accident Checklist