Yes, you can go to jail if you commit a hit-and-run on a parked car. These offenses are generally misdemeanors. They carry up to a year in jail. The charges would likely be more severe if someone got hurt. You will also generally have to compensate the owner, and could face higher costs for car insurance.
What is a hit-and-run accident?
A hit-and-run car accident is when you crash your vehicle and then flee the scene of the accident. Fleeing the scene is a criminal offense.
In California, for example, the elements of the crime are:
- while driving, you were involved in a motor vehicle accident,
- that accident caused damage to someone else’s property,
- you knew, or should have known, that you had been involved in an accident that caused damage, and
- you willfully failed to stop at the scene or otherwise provide your identifying information to the owner of the damaged property.[1]
Note that the damage has to be 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. It would be wise to take photos of the other vehicle to prove that there was no damage. However, some vehicle damage, like misaligned tires, may be difficult to see. Also, your insurance company may require you to report all accidents or they may deny your insurance claim.
What information do I have to provide?
The identifying information that you have to provide is:
- your name,
- your current residential address, and, if applicable,
- the name and current address of the owner of the vehicle that you were driving, if you are not the vehicle’s owner.[2]
You can provide this contact information by either:
- finding the owner of the damaged property to exchange information, or
- leaving a note in a conspicuous place on or near the damaged property, and then notify the police of the accident.[3]
Taking these steps makes it easier for the owner of the damaged property to get compensated. Because you would stand to benefit by not providing it, state law makes it a crime to leave the scene of an accident without doing so.
What are the penalties for hitting a parked vehicle and fleeing?
Typically, hitting a parked car and then fleeing the scene will be a misdemeanor because it only caused property damage. Convictions carry criminal penalties of:
- criminal fines,
- up to 1 year in jail, and/or
- misdemeanor probation.
In California, for example, the criminal penalties are:
- up to $1,000 in fines,
- up to 6 months in jail, and/or
- misdemeanor/summary probation.[4]
You would also face an infraction for failing to exchange insurance information. This carries another fine of $250.[5]
If there happened to be someone in the vehicle when you hit it, and they suffered a bodily injury or got killed, then the penalties would be substantially higher.
However, these are just the criminal penalties of a conviction for a hit-and-run of a parked car. You may also face other financial penalties, such as:
- compensating the driver of the vehicle you hit for their repair costs, and
- higher insurance premiums.
These can drastically increase the costs of a conviction for hit-and-run.
Finally, points will be added to your driving record for the offense. If you accumulate too many, your driver’s license could get suspended.
How many of these car accidents happen in a parking lot?
The most common places for these types of accidents to happen are:
- parking lots,
- parking garages, and
- streets that allow for parallel parking.
Approximately 1 in 5 of all car accidents happen in a parking lot.[6]
Will my car insurance company raise my rates?
You can expect your auto insurance company to raise your own 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 see you as more of a risk to insure.
In some cases, the rise in your premium costs ends up being higher than the property damage you caused.
What if someone hit my parked car?
If someone hit your car and fled the scene, you will have to rely on your car insurance coverage.
The first step of the claims process is typically to file an insurance claim with your insurance company. An insurance agent will come and examine the vehicle and take photos of the damage. They will estimate the repair costs.
If the accident is within the terms of your car insurance policy’s collision coverage or uninsured motorist coverage, your insurance company will cover the repair costs because it was not your fault. You will still have to pay up to the deductible, though.
If you do not have car insurance, you must pay the repair costs out of pocket. You could try to track the hit-and-run driver down, though. This would involve calling the local police department and filing a police report or an accident report. Security cameras nearby may have valuable evidence of the crash, or at least the vehicle’s license plate number. Law enforcement may help. If you find them, you would file a claim against the at-fault driver’s insurance provider.
Getting the legal advice of a personal injury attorney or a car accident attorney can help you recover the cost of repairs and other losses.
Legal References:
[1] California Criminal Jury Instructions (CALCRIM) No. 2150.
[2] Same.
[3] Same.
[4] California Vehicle Code 20002(c) VC.
[5] California Vehicle Code 16025 VC.
[6] CBS News, “Why hundreds are killed in crashes in parking lots and garages every year,” November 21, 2016.
