Being involved in an accident with a parked vehicle can be a stressful experience, especially if you're uncertain about your legal responsibilities. In California, it's crucial to understand that you must report the incident, regardless of the perceived damage. This is not just a legal requirement, but a responsibility that ensures fairness for all parties involved.
Failure to report an accident with a parked vehicle can lead to serious legal consequences in California, including fines and potential criminal charges. The law, designed to ensure all property damage is acknowledged and handled appropriately, maintains fairness for all parties involved, providing a sense of reassurance about the legal process and the protection of your rights.
Adhering to California Vehicle Code 20002 VC is crucial. It empowers you with the knowledge that any driver involved in an accident with a parked vehicle must stop and either locate the owner or leave a note with their contact information.
The note you leave should contain your name, address, and a brief description of the incident. If the damage exceeds $1,000, you must also file a report with the California Department of Motor Vehicles (DMV) within ten days.
To do this, you can visit the DMV's website and fill out the online accident report form, or you can visit a local DMV office. The report should include details of the accident, your personal information, and your insurance details. Remember to keep a copy of the report for your records.
If you're unsure about the process, don't hesitate to seek legal advice or contact your insurance company for guidance. Even if no one witnesses the accident, your responsibility remains the same. Attempting to drive away without reporting the incident can lead to a misdemeanor charge of hit-and-run, which carries fines, community service, or even jail time in severe cases.
Accidents can happen to anyone, and a common one involves hitting a parked car. If you find yourself in this situation in California, it's crucial to remember that the law requires you to take specific steps to rectify the situation. Reporting the accident, whether it involves a large dent or a small scratch, is a responsibility that should not be taken lightly.
It ensures fairness and justice for all parties involved, and it's your duty as a responsible driver to adhere to these legal obligations. 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.
This increase can be significant, sometimes even higher than the property damage you caused. It's important to note that a hit-and-run conviction can stay on your driving record for several years, further impacting your insurance rates.
Hit-and-Run Charges
If you fail to report hitting a parked vehicle in California, you might face hit-and-run charges. A conviction can lead to fines ranging from $1,000 to $10,000, depending on the severity of the damage and the circumstances of the incident.
Also, your driver's license may be suspended, and your auto insurance rates will likely increase significantly. A hit-and-run conviction can have long-term consequences, including a criminal record, difficulty obtaining insurance, and potential job implications.
It's important to understand that a hit-and-run is a serious offense that can have a lasting impact on your life and future opportunities. The potential consequences of a hit-and-run should make you realize the gravity of the situation and the importance of adhering to the law.
Simply put, failing to follow your legal obligations could lead to hit-and-run charges under Vehicle Code 2002 VC, which carry potentially significant consequences if you are convicted. The most common places for hit-and-run accidents to happen are parking lots, parking garages, and streets that allow for parallel parking.
Suppose someone was injured. In that case, the charges would likely be more severe. You will also have to compensate the owner and could face higher costs for car insurance.
Hit-and-Run Quick Facts
- A hit-and-run car accident occurs when you crash your vehicle and then flee the scene, a criminal offense.
- An example of 'willful failure to stop' includes driving away from the scene without leaving a note.
- It must be proven that you knew or should have known that you had been involved in an accident that caused damage.
- It must also be proven that you willfully failed to stop at the scene or provide your identifying information to the owner of the damaged property.
- If you knowingly drive away from the scene without leaving a note, this could be considered willful failure to stop.
- Examples of willful failure to stop include attempting to hide the damage to your vehicle or providing false information to the owner.
- To be considered a hit-and-run, 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 are not generally liable for a hit-and-run.
- You should take photos of the other vehicle to prove no damage. This can be done by taking clear, well-lit photos of the entire vehicle.
- Your insurance company may require you to report all accidents, or they may deny your insurance claim.
- A common misconception is that minor accidents, such as scratching a parked vehicle, do not need to be reported.
- In California, even minor property damage requires that you follow the same process as you would for more severe incidents.
- Avoiding legal consequences is as simple as reporting the accident, whether it involves a large dent or a small scratch.
- By understanding the law, you can ensure that you're fulfilling your legal obligations and protecting yourself from potential legal issues.
What Does the Law Say?
California Vehicle Code 20002 VC describes accidents in which a driver damages another person's property, including parked vehicles. If you hit a parked car, state law requires specific actions, 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…."
To comply with Vehicle Code 20002, you must do the following:
- You are required to stop your car at the nearest location that won't obstruct traffic or create a safety hazard.
- If the owner of the damaged vehicle is not present, you must leave a note containing your name, address, and an explanation.
- The note must be left in a conspicuous place, such as tucked under the windshield wiper or taped visibly to the car.
- At your earliest convenience, you are required to report the collision to the police department of the city or municipality where it occurred.
- If in an unincorporated area, report it to the California Highway Patrol.
- If the owner or police later contacts you, you must share additional information, including your driver's license, vehicle registration, and insurance information.
What If You Fail to Comply?
Suppose you do not meet the requirements listed above. In that case, you could be charged with misdemeanor hit-and-run under Vehicle Code 20002, which carries the following penalties if convicted:
- Fines of up to $1000 and
- Up to 6 months in county jail.
- Misdemeanor summary probation.
Also, beyond criminal charges, you may face civil lawsuits from the property owner that can require you to compensate them for the repair costs or any other financial losses caused by the accident.
You might 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. Suppose someone suffered a bodily injury or was killed; then the penalties would substantially increase.
What if Someone Hit Your Parked Car?
Suppose someone hits your car and flees the scene. In that case, you need your car insurance coverage. The claims process includes filing 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. You may try to find the hit-and-run driver by calling the local police department and filing a police report or an accident report. Security cameras may 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.
Steps to Take After an Accident
If you hit a parked vehicle, follow these steps to protect yourself from legal repercussions:
- Stop Your Vehicle. Always stop immediately after hitting a parked car. Moving your vehicle without addressing the accident can escalate the situation into a hit-and-run case.
- Locate the Owner. If possible, find the vehicle's owner and inform them about the accident. If you can't locate the owner, leave a note on the vehicle with your contact information, as required by law.
- Document the Incident: Take photos of the damage to both vehicles. This evidence is crucial if there are any disputes or legal challenges later.
- File a Report if Necessary: If the damage exceeds $1,000, file an SR-1 form with the DMV. Keep a copy of the report for your records.
Hit-and-Run Defense Strategies
Suppose you were accused of a hit-and-run after hitting a parked car. In that case, our California criminal defense attorneys can employ various strategies to defend your case, as discussed below.
To convict, the prosecution must prove that you knowingly left the scene without fulfilling your legal obligations. If we can demonstrate that you were unaware that an accident occurred, this fact will weaken the prosecution's case.
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 this evidence.
Sometimes, there may have been an emergency that prevented you from complying with the law. For example, 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 means 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.
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, Cron, Israels & Stark, based in Los Angeles, CA.
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