Since the chance of finding street parking in Manhattan is slim to none, if you choose to drive in Manhattan, rather than relying on a Manhattan cabbie, Lyft or Uber, you will likely wind up in a parking garage or paid parking lot. Sometimes the attendant takes your vehicle and parks it for you, but other times you are responsible for parking the car yourself.
Determining Liability in a Manhattan Parking Lot Accident
Unless one car is rear-ended in the parking lot by the other car, determining liability may be tricky. If your car is stopped and the other car involved in the accident is moving at the time of the collision, as long you were legally parked, the other car is generally going to be liable.
Types of Parking Lot Accidents
• Two cars battling for the same spot: those parking spots are prime real estate in Manhattan and two cars may be competing for the same spot and an accident may occur. If one car is turning left into the parking spot and the other car is attempting to turn right into the same spot, the driver making the left turn will likely have the majority of fault;
• Driver backing out of their parking spot: because the driver in the lane has the right of way, the majority of fault will likely be placed with the driver backing out, unless he can show that the other driver was speeding excessively. The points of impact as between the two cars will often tell part of the story;
• A driver parked with the nose of the car pointing out hits another car: In this case, the majority of the fault will likely be placed with the car exiting his parking spot;
• Two drivers back into each other: there can be various circumstances where this happens, but likely both cars are trying to back into the same spot. The fault will likely be split in this scenario.
What to Do
If you are involved in a Manhattan parking lot accident, there are some steps you should take.
• Call the police and report the accident. You should also call your insurance company and advise them as well;
• If you are injured, call 911 and get immediate medical attention;
• Do not argue with the other motorist over who was at fault for the happening of the accident – and don’t admit fault;
• Get the other driver’s information, including:
o Name of the driver;
o Their insurance information;
o Jot down the license plate number, as well as the year, make and model of the car;
o Driver’s phone number and address if they are willing to provide it;
o Driver’s license number.
• Take photographs of the accident scene including the damaged areas of your car and the other car.
Contact a Manhattan Parking Lot Accident Lawyer