Florida Parking Lot Car Accident: Who Is at Fault?

Car accidents are extremely common and one of the most filed claims in the legal realm. If you’ve ever experienced a car accident, then you know all about the headaches it can cause with the rising cost of insurance, worrying about fixing the damages, and stressing over the hospital bills.

There is nothing more frustrating than having a car accident in a parking lot. It can leave you confused, wondering what to do next, and scrounging to determine whose fault it was that caused the accident. 

If you’ve been involved in a parking lot accident and are wondering how to prove who’s at fault, here is everything you should know. 

Causes of Parking Lot Accidents

There can be several causes for parking lot accidents. Depending on the location, parking lots can be very crowded, full, or tight to drive through.

Here are some common causes of parking lot accidents:

  • A car backs out and hits an oncoming vehicle
  • Two cars back out at the same time
  • A driver pulls out of a parking spot and hits another vehicle
  • A driver hits another at a stop sign

Distracted driving can also be a cause of parking lot accidents, especially if it is a crowded parking lot. For example, speeding and running through stop signs can be a cause of parking lot accidents if drivers are not careful and pay attention to where they are going. 

Having a parking lot accident in Miami, Florida, is very common and can be difficult to prove unless you hire a high-quality attorney. 

Florida’s No-Fault Rule & How It Applies

Florida operates as a no-fault state when it comes to car accidents. This means when there is a car accident, all parties involved share the blame and seek their own financial help from their insurance policies.

When it comes to parking lot car accidents, the no-fault rule still applies. Finding fault and responsibility for the accident becomes necessary when damages exceed the required $10,000 personal injury protection no-fault residents are to have. 

Since Florida operates as a no-fault state, when you file a lawsuit in a parking lot car accident situation, you will need to file personal injury against the other driver. Personal injury is a term used to describe how one party was injured or harmed by the other’s negligence. If you or a loved one suffered a serious injury as a result of someone else’s driving, then you have a legal right to file personal injury and seek extra compensation as a result of their negligence.

When you hire a Miami Car Accident Lawyer, your attorney can review the evidence and give you the best insight on who they believe was responsible for the wreck. Since lawyers have excellent narrative capabilities, they will be able to take your evidence and truth and bring it to light during the process. 

Florida’s statute of limitations says that residents in Florida have two years from the date of the crash to report it and file a claim. Don’t wait any longer.

What Happens After the Parking Lot Accident

Once you’re involved in any kind of accident, you should report it to the police and exchange information with the other driver. Hopefully, you don’t find yourself dealing with an uninsured driver. 

Having witnesses who saw the accident can help your case down the road if you are in a predicament where it’s too close to tell who’s fault the accident is. The best chance you have at seeking extra compensation if your personal injury protection doesn’t cover all the expenses is to seek the help of an attorney. 

Since Florida is a no-fault state, which means accidents with minor injuries do not meet the requirements to step out of the no-fault system unless the accident results in severe injuries. If severe injuries are sustained or there are damages that result in more than $10,000 from personal injury protection, you likely meet the requirements to file a lawsuit against the other driver. 

This is why filing the accident with the police is important. If they decide to investigate the crash, they could have evidence and a statement that your attorney could use for your case. 

Why You Should Consider Hiring an Attorney

For the best guidance in a parking lot car accident, you should look for the best Miami Car Accident Lawyer. Even if your case does not make it to court or a lawsuit against the other person is not filed, an attorney in Miami, Florida can help you negotiate more out of your insurance claim than what they want to offer you the first time. Your attorney could also advise you on the best legal steps to take if you meet the requirements in Florida to step out of the no-fault system and go to court for the accident.

Lawyers have the necessary skills residents need to seek extra compensation and have a better chance of a favorable outcome. Luckily, there are excellent Miami Car Accident Lawyers in the area that will sit down with you to discuss your case in greater detail and explain how their services can help you.

What an Attorney Could Do for You

Attorneys can take the pressure off of you by becoming your advocate and doing most of the work for you. An attorney will speak to your insurer, the other party’s insurer, and the jury if your case makes it to court.

They will also communicate with your health provider to gather your health records and present your evidence to the court. Car accident attorneys work around the clock to ensure that your case has all the necessary evidence, documented proof, and strong background to best help you seek extra compensation in whatever route you decide to take. 

Speak To an Attorney Today

You can speak with an experienced Miami Car Accident Lawyer today by contacting Frankl Kominsky Injury Lawyers. Our attorneys are on standby ready to take your case and help you seek extra compensation to make up for the monetary losses. 

Our firm has over 40 years in the business fighting to protect the legal rights of the residents in Miami, Florida, and surrounding areas (by appointment only). We have in-depth knowledge of how to handle car accident cases and know how to anticipate the other side’s moves they will make.

We are eager to start helping you seek extra compensation. You can start the conversation by reaching out to us by calling us at (561) 800-8000 or visiting us online to fill out our free case evaluation form.

Once we have your contact and case information, a representative will contact you to set up an appointment to come into our office and discuss your case in-depth with one of the attorneys. You will be able to hear about our services and how we can best assist you.

From there we will start building your case and looking at all angles to see how we can best frame your case. 


In Florida, a person has only two years from the date of the crash to file a car accident claim. Don’t let any more time pass you by. Call Frankl Kominsky Injury Lawyers today.

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