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If you get into a car crash on private property, including parking lots, your Personal Injury Protection (PIP) coverage pays certain medical expenses and lost wages regardless of fault. Damage to vehicles or other property is typically handled through property damage liability, collision coverage, or other applicable insurance.
Florida’s no-fault rule for car accidents and its requirement that all drivers carry PIP coverage apply whether the accident occurs on a government-owned and maintained public road or on someone else’s private property.
Liability can get complicated for car accidents that occur on private or commercial property, so even if the accident seems minor, it’s better to talk to an experienced Ft Myers car accident attorney about your rights and obligations.
What types of coverage apply to a private property accident?
If you’re involved in an accident on private property, you may have multiple forms of insurance coverage for your injuries, particularly when the other driver is clearly at fault:
- Your PIP: Your coverage provides a minimum of $10,000 per accident, covering 80% of your medical bills and 60% of your lost wages, up to your policy limits
- The property owner’s premises liability policy: Car accidents on private property may be covered under homeowners’ insurance or commercial liability insurance coverage
- The other driver’s auto insurance: If the victim’s injuries are serious and the other party is responsible, the victim can file a lawsuit to cover damages, including pain and suffering.
Insurance policies aren’t uniform in coverage, so what is available in your claim depends on who is involved and where it happens.
How is fault determined in a private property accident?
Florida negligence law applies even on private property, so fault is determined the same way it would be if the wreck occurred on public roads. Determining fault when an accident occurs on private property involves evaluating each party’s actions, their obligations to preserve the safety of others involved, and whether their negligence contributed to the injury.
Your lawyer looks at the other driver’s actions and other evidence that establishes fault, such as:
- Data from their vehicle’s event data recorder
- Witness accounts
- Police reports
- Photos or a video of the incident
- Physical evidence
- Photos or a video of the scene
- Safety and maintenance reports of the property
Can the property owner be held responsible?
If property owners knew about dangers on their property that could cause an accident, such as poor lighting, potholes, or other hazards, and failed to take action, they could be held liable for accidents on private property.
In these cases, the injured party can file a premises liability suit against the property owner. Many of the same types of compensatory damages may be available, depending on the circumstances. The property owner’s premises liability insurance may cover damages awarded to the plaintiff.
What should you do after a private property accident in Florida?
Handle a car collision on private property just as you would any other collision. Call law enforcement if anyone is injured, the vehicles cannot be safely moved, a crime may have occurred, or a police report is otherwise appropriate. Even if police do not respond, you should exchange information, document the scene, and notify your insurer.
You should still get checked out by a doctor and report the accident to your own insurance company or risk voiding your policy. It’s also a good idea to speak with an experienced car accident lawyer, as liability and insurance coverage can be complicated.
Discuss your parking lot accident with Lytal, Reiter, Smith, Ivey & Fronrath
If you’ve been involved in a car accident on private property, the attorneys at Lytal, Reiter, Smith, Ivey, & Fronrath can help you secure fair compensation. Call us at (561) 655-1990 today for a free consultation.