# Can I File a Claim if Someone Hits My Parked Car? | Attorney Brian White **Table of Contents***[*Expand*]* 1. How Parked Car Accidents Happen 2. Steps To Take at the Scene of a Parked Car Accident 3. Hit-and-Run Accidents 4. Does It Matter if You Parked Illegally? 5. Your Insurance Options 6. Get a Houston Car Accident Attorney Involved if the Stakes Are High ![Can I File a Claim if Someone Hits My Parked Car in Houston](https://attorneybrianwhite.com/wp-content/uploads/2023/05/Can-I-File-a-Claim-if-Someone-Hits-My-Parked-Car-in-Houston-300x188.jpg) [Houston](https://www.houstontx.gov/) witnesses a multitude of [car accidents](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/) every day. If another driver hits your parked car, you need to take certain steps to protect your claim. A lot depends on whether you can locate the offending driver. Even if you can’t, however, all is not necessarily lost.  ## How Parked Car Accidents Happen Parked car accidents can happen in many ways, including: - “My car was hit while parked on the street” - “Someone backed into my car in the [parking lot](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/parking-lot/).” - Your car is struck after it malfunctions, and you leave it on the shoulder of a busy highway.  - A [drunk driver](https://attorneybrianwhite.com/houston-tx/car-accident-lawyer/dui/) sideswipes your car while weaving down the road. No matter how the accident happened, the damage is just as real. Indeed, if your car wasn’t empty at the time, an occupant might have even suffered an injury. For a legal consultation call [(713) 500-5000](tel:+17135005000) ## Steps To Take at the Scene of a Parked Car Accident If you find that you are the victim of a parked car accident, take the following steps: - Call the police so they can issue a [crash report](https://www.houstontx.gov/police/online_report.htm). Texas law requires the police to issue a crash report if there is [apparent damage of $1,000 or more](https://statutes.capitol.texas.gov/Docs/TN/htm/TN.550.htm#550.062). Cooperate with the police, and ask for a copy of the [police report](https://attorneybrianwhite.com/faqs/how-long-after-a-car-accident-can-you-file-a-police-report-in-texas/). - Photograph the scene of the accident and the damage to your vehicle. Record the location, time of day, and weather. - Get identification and insurance details if the driver is still around. - If the driver left a note, photograph it and show it to both the police and your insurance company. - Contact your insurance company, even if you plan to claim against the other [driver’s liability insurance](https://attorneybrianwhite.com/faqs/what-can-i-do-if-a-drivers-insurance-company-refuses-to-accept-liability-for-the-crash/) policy. If the damage to your car is serious, you might want to consider consulting with a lawyer. ## Hit-and-Run Accidents [Leaving the scene of an accident](https://attorneybrianwhite.com/faqs/do-i-need-a-lawyer-after-a-hit-and-run-accident-in-houston/) is a crime in Texas. Penalties include: - A fine of up to $500 if your damage is less than $200 (barely a scratch). - If the damage is $200 or more, a judge can assess a fine of up to $2,000 and jail time of up to six months.  Don’t pursue the offending driver if they try to run. This could cause another accident. Nevertheless, try to get as good a description of them and their vehicle as you can without putting yourself in danger. [Click to contact](/contact-us/) us today ## Does It Matter if You Parked Illegally? Suppose that your car was illegally parked at the time of the accident. The driver of the car that hit yours might make the argument, “If the car had been parked legally, it wouldn’t have been around for me to hit it in the first place.” Don’t worry; this argument probably won’t fly. If you parked your car unsafely, however, you might bear [liability](https://attorneybrianwhite.com/faqs/whats-liability/) for the accident. Under Texas comparative fault principles, you might bear partial or even full liability for the accident. Complete a [Case Evaluation Form](/contact-us/) Now ## Your Insurance Options If the other driver left the scene of the accident without identification and you cannot locate the driver, you might still have [insurance coverage](https://attorneybrianwhite.com/blog/minimum-amount-of-auto-insurance-coverage-required-in-texas/) options. Below are the two most likely: - Uninsured motorist insurance (UIM): UIM is optional in Texas. If you have it, however, know that it typically covers hit-and-run accidents up to policy limits. Check your policy fine print to make sure. - Collision insurance: You almost certainly have this insurance if you are still paying off your car; lenders typically require it. This amount will cover repair or replacement up to policy limits for damage to your car. There is usually a deductible. Other insurance options might apply as well, so check your coverage to be sure. ## Get a Houston Car Accident Attorney Involved if the Stakes Are High You might need a lawyer for a serious parked car accident, even if you plan to [settle out of court](https://attorneybrianwhite.com/resources/do-i-need-a-personal-injury-lawyer-if-im-submitting-a-claim-to-insurance/). [Insurance adjusters](https://attorneybrianwhite.com/blog/insurance-adjuster-in-personal-injury-cases/) are expert [negotiators](https://attorneybrianwhite.com/blog/negotiation-in-personal-injury-cases/), and they work for their employers, not for you. An experienced Houston [personal injury](/) attorney, however, will know just how to deal with an insurance adjuster. Contact an attorney today to determine whether your claim is worth pursuing.  Our offices Houston — Greenway/Upper Kirby 3120 Southwest Freeway, Suite 350 Houston, TX 77098 Open 24 hours daily Call [(713) 364-1466](tel:+17133641466) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%203120%20Southwest%20Freeway%2C%20Suite%20350%2C%20Houston%2C%20TX%2077098) Houston — East Freeway 11811 East Freeway, Suite 630-06 Houston, TX 77029 Open 24 hours daily Call [(713) 609-1893](tel:+17136091893) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011811%20East%20Freeway%2C%20Suite%20630-06%2C%20Houston%2C%20TX%2077029) Houston — South Loop 2600 South Loop West, Suite 293 Houston, TX 77054 Open 24 hours daily Call [(713) 281-4904](tel:+17132814904) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%202600%20South%20Loop%20West%2C%20Suite%20293%2C%20Houston%2C%20TX%2077054) Houston — Katy Freeway 11511 Katy Fwy, Suite 515 Houston, TX 77079 Open 24 hours daily Call [(713) 909-7537](tel:+17139097537) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%2011511%20Katy%20Fwy%2C%20Suite%20515%2C%20Houston%2C%20TX%2077079) Houston — Clear Lake 1300 Bay Area Blvd, Suite B268 Houston, TX 77058 By appointment only Call [(936) 508-2854](tel:+19365082854) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201300%20Bay%20Area%20Blvd%2C%20Suite%20B268%2C%20Houston%2C%20TX%2077058) The Woodlands 1776 Woodstead Ct, Ste. 203 The Woodlands, TX 77380 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%201776%20Woodstead%20Ct%2C%20Ste.%20203%2C%20The%20Woodlands%2C%20TX%2077380) Champion Forest (Cypress) 4606 FM 1960 Rd W, Ste. 444 Houston, TX 77069 By appointment only Call [(281) 843-9777](tel:+12818439777) [Directions](https://www.google.com/maps/dir/?api=1&destination=Attorney%20Brian%20White%20Personal%20Injury%20Lawyers%2C%204606%20FM%201960%20Rd%20W%2C%20Ste.%20444%2C%20Houston%2C%20TX%2077069) --- ### About the Author Brian White ![About the Author Brian White](https://attorneybrianwhite.com/wp-content/uploads/2024/12/brian-white-houston-personal-injury-lawyer-300x300.jpg) [Brian White](https://attorneybrianwhite.com/about/our-attorneys/brian-white/) earned his J.D. from South Texas College of Law in Houston and is licensed to practice in Texas. He is a [Board-Certified](https://attorneybrianwhite.com/resources/brian-white-is-board-certified-in-personal-injury-trial-law/) Personal Injury Trial Lawyer. Dedicated to giving back, he actively supports local charities and [community initiatives](https://attorneybrianwhite.com/about/community-involvement/). [Client testimonials](https://attorneybrianwhite.com/about/testimonials/) highlight Brian’s compassion, open communication, and dedication to achieving the best outcomes for those he represents. [Avvo](https://www.avvo.com/attorneys/77098-tx-brian-white-74113.html) / [Justia](https://lawyers.justia.com/lawyer/brian-elliott-white-201630) / [Linkedin](https://www.linkedin.com/in/attorney-brian-white-378410166) / [Facebook](https://www.facebook.com/login/?next=https%3A%2F%2Fwww.facebook.com%2FBrianWhiteLawFirm%2F/) / [Youtube](https://www.youtube.com/channel/UCDdkDcGkbY2GFTzpeTWypFQ) / [Instagram](https://www.instagram.com/attorneybrianwhite/?hl=en) / [Yelp](https://www.yelp.com/biz/brian-white-and-associates-houston) Call or Text [(713) 500-5000](tel:+17135005000) or Complete a [Case Evaluation Form](/contact-us/) Car Accidents Blog Posts: [![Child Car Seat Laws in Texas](https://attorneybrianwhite.com/wp-content/uploads/2023/12/Child-Car-Seat-Laws-in-Texas-300x202.jpg)](https://attorneybrianwhite.com/blog/child-car-seat-laws-in-texas/) [Child Car Seat Laws in Texas](https://attorneybrianwhite.com/blog/child-car-seat-laws-in-texas/) Motor vehicle accidents are a leading cause of death for children. Accidents are also a leading cause of injuries for [![The Effects of Airbag Deployment in Your Houston Car Accident Claim](https://attorneybrianwhite.com/wp-content/uploads/2022/09/The-Effects-of-Airbag-Deployment-in-Your-Houston-Car-Accident-Claim--300x200.jpg)](https://attorneybrianwhite.com/blog/the-effects-of-airbag-deployment-in-your-houston-car-accident-claim/) [The Effects of Airbag Deployment in Your Houston Car Accident Claim](https://attorneybrianwhite.com/blog/the-effects-of-airbag-deployment-in-your-houston-car-accident-claim/) Airbags are a life-saving device and now come standard in all new vehicles. If you’ve been involved in a car [![How Can I Get Compensation For My Car Wreck?](https://attorneybrianwhite.com/wp-content/uploads/2020/10/iStock-1156650289-300x200.jpg)](https://attorneybrianwhite.com/blog/falling-asleep-while-driving/) [Falling Asleep While Driving](https://attorneybrianwhite.com/blog/falling-asleep-while-driving/) There is a great deal of information available about distracted driving and drunk driving. State and federal agencies [![How to Handle Your Medical Bills After a Car Accident](https://attorneybrianwhite.com/wp-content/uploads/2020/11/How-to-Handle-Your-Medical-Bills-After-a-Car-Accident-300x200.jpg)](https://attorneybrianwhite.com/blog/how-to-handle-your-medical-bills-after-a-car-accident/) [How to Handle Your Medical Bills After a Car Accident](https://attorneybrianwhite.com/blog/how-to-handle-your-medical-bills-after-a-car-accident/) Medical bills after a car accident can total hundreds of thousands of dollars. Even if your medical bills are not --- Source: https://attorneybrianwhite.com/faqs/can-i-file-a-claim-if-someone-hits-my-parked-car/