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 involving a parked vehicle in California is a matter that should not be taken lightly. It can lead to severe legal consequences, including fines and potential criminal charges.

This law ensures that all property damage is acknowledged and handled appropriately, maintaining fairness for all parties involved and upholding the integrity of the legal process, which is designed to protect the rights of all individuals.

Adhering to California Vehicle Code 20002 VC is not just important, it's crucial. It empowers you with the knowledge of your legal obligations, mandating 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. This knowledge empowers you to act responsibly and in accordance with the law.

Leaving a Note on the Car

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. This report can be filed online or by visiting a local DMV office.

It will require you to provide details about the accident, the vehicles involved, and your insurance information. Proper documentation is crucial in these situations, as it ensures you have a clear record of the incident and can defend your actions if necessary, providing a sense of control and preparedness in a potentially stressful situation.

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. This underscores the gravity of the situation and the importance of adhering to your legal obligations.

Report the Accident

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, and it's important to be aware of your duties in such situations.

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, potentially doubling or tripling your premiums. Sometimes, the rise in your premium costs exceeds the property damage you caused, making the financial impact even more significant.

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.

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 occur are parking lots, parking garages, and streets that permit 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.

Key Takeaways

• A hit-and-run car accident occurs when you crash your vehicle and then flee the scene. 
• It must be proven that you knew or should have known that you had been involved in an accident that caused damage.
• 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.
• It's important to document the lack of damage to the other vehicle with photos and leave a note explaining the situation.
• 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.
• 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.

What Does VC 20002 Say?

Vehicle Code 20002 VC 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:

(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present their driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property.

The information presented shall include the current residence address of the driver and the registered owner. Suppose the registered owner of an involved vehicle is present at the scene. In that case, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties.

(2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.

(b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.

(c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine."

What Happens If You Fail to Comply?

If you do not meet the requirements listed above, you could be charged with VC 20002 misdemeanor hit-and-run, which carries the following penalties if convicted:

• Fines of up to $1000 and
• Up to 6 months in county jail.
• Misdemeanor summary probation.

Additionally, you may face civil lawsuits from the property owner, which 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.

Steps to Take After a Car Accident

If you hit a parked vehicle, follow the steps below to protect yourself from legal repercussions:

• Stop Your Vehicle. Moving your vehicle without addressing the accident can escalate the situation into a hit-and-run case.
• Locate the Owner. 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 in the event of any disputes.
• 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 Defenses

Suppose you were accused of a hit-and-run after hitting a parked car. In such cases, our California criminal defense attorneys can employ various strategies to defend your case.

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 can 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 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 provide evidence to explain the extraordinary circumstances surrounding your actions. 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, Eisner Gorin LLP, based in Los Angeles, CA.

Related Content:

• Runaway Vehicle Causing Damage
• California Vehicle Code 20002 VC