Car Accident in a Parking Lot in Michigan? Who Pays

Low speed, tight lanes, everybody in a hurry. Parking lots are where a quick errand turns into an insurance claim.

Parking lot crashes feel minor, and many are. But people get hurt in them every day, and the rules for who pays are not what most drivers expect. The lot is usually private property, there's often no police report, and both drivers tend to believe the other one was at fault. Here's how Michigan law handles it. If you were injured in a parking lot crash, our personal injury practice can help.

Your injuries: no-fault applies in the lot too

Michigan no-fault doesn't stop at the edge of the public road. Under MCL 500.3105, your no-fault insurer pays personal injury protection (PIP) benefits for bodily injury arising out of the use of a motor vehicle, without regard to fault. A grocery store lot, an apartment complex or a mall garage generally counts.

That means your medical bills, lost wages and replacement services usually run through your own auto policy first, up to the PIP limit you chose. If you were a passenger, or a pedestrian struck while walking to your car, the priority rules in MCL 500.3114 decide which insurer pays. We cover the walking side in Hit by a Car While Walking in Michigan? and the medical side in Who Pays Your Medical Bills After a Michigan Car Accident?

Your car: it depends on whether it was moving

This is where parking lot claims get confusing.

Your car was parked and someone hit it. Michigan no-fault includes property protection insurance (PPI) under MCL 500.3121 and MCL 500.3123. PPI generally pays for damage a driver causes to other people's property, and that includes a vehicle that was properly parked. So if someone backs into your parked, unoccupied car, the claim usually goes to the other driver's insurer under their PPI coverage.

Both cars were moving. PPI does not cover damage between moving vehicles. Your repair then comes from your own collision coverage, if you carry it. If the other driver was more at fault, you may be able to recover up to $3,000 of uncovered damage, like your deductible, through Michigan's mini-tort under MCL 500.3135. We explain how that works in Michigan Mini-Tort: Get Your Car Repair Money Back.

Who's at fault in a parking lot?

Michigan doesn't have a separate rulebook for parking lots, so fault usually comes down to ordinary care and the facts. A few patterns come up often:

• Backing out of a space. The driver backing up generally has to make sure the way is clear. A car already traveling in the lane often has the stronger position, but not always, especially if that car was speeding or cutting across the lot.
• Through lanes vs. feeder lanes. Drivers in the main lanes that run along the edge or through the lot often have priority over drivers coming out of the narrower rows between parked cars.
• Two cars backing up at once. This one is common, and fault is often shared.
• Stop signs and painted arrows in a lot can still be evidence of what a careful driver should have done.

When fault is split, Michigan's comparative fault rules can reduce what you recover, and they can affect a mini-tort or injury claim. Read Partially at Fault for a Car Accident in Michigan? for how that plays out.

If you hit an empty car

Don't drive away. Under MCL 257.686, a driver who hits an unattended vehicle must stop and either find the owner or leave a written note in a conspicuous place with their name and address, and the owner's name and address if they're not the owner. The driver must also report the crash to the police. Leaving without doing that can turn a fender bender into a criminal charge.

When can you sue for pain and suffering?

Most parking lot crashes don't get here. But a low-speed impact can still cause real injury, especially to the neck, back or shoulders, or to a pedestrian. A claim against the at-fault driver for pain and suffering requires an injury that meets Michigan's threshold, such as a serious impairment of body function. We explain that standard in Michigan's Serious Impairment Threshold.

Occasionally the lot itself is part of the problem, such as a broken light, a missing stop sign or a dangerous layout. Claims against a property owner have their own rules and are worth reviewing with a lawyer before you assume they exist.

What to do right after a parking lot crash

• Check for injuries and call 911 if anyone is hurt.
• Call the police even on private property and ask whether they'll make a report. Some departments won't write a full crash report for a private lot without injuries, but any record helps.
• Exchange information: name, phone, driver's license, plate number, insurer and policy number.
• Take photos of both cars, where they ended up, lane arrows, stop signs and the surrounding spaces.
• Look for cameras. Stores and apartment complexes often have video, and they may delete it within days. Ask the manager right away.
• Get names of witnesses before they leave.
• Get checked out if anything hurts. See Should You See a Doctor After a Crash If You Feel Fine?
• Be careful with recorded statements to the other driver's insurer. Our post on recorded statements explains why.

Mind the deadlines

Under MCL 500.3145, you generally must give written notice of your injury to your no-fault insurer within one year of the accident. Mini-tort and injury claims against the other driver have their own time limits. A "minor" claim that sits too long can disappear. See How Long Do You Have to File an Injury Claim in Michigan?

When to call ELN

Call us if you were hurt in a parking lot crash and the insurer is denying or delaying your PIP benefits, if the other driver says it was your fault, if you were struck as a pedestrian, or if the store won't share its video. We'll look at the facts, your policy and the law, and tell you where you stand. Every case is different, and no lawyer can promise a particular result, but you deserve a straight answer.

Hurt in a parking lot crash? Schedule a consultation or visit our personal injury practice.

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