Most people know that when they park their vehicle on the street, they risk getting hit.
However, sometimes parking in a driveway or garage isn’t an option, depending on where you live or how many vehicles you have.
The Problem Solvers got a tip from a viewer who said her car was parked out front of her house and got hit by a recycling truck. Going through the claims process was a nightmare, she said, as she was ignored and had to wait almost a year to receive payment.
After hearing her story, I thought it could be helpful to talk about street parking safety to help you protect your assets and money.
Most importantly: if you get hit, document everything.
You always hope that the person responsible will stop and let you know, but if they don't, it’s your responsibility to take pictures of everything.
It's also a good idea to check home surveillance footage because the incident may have been caught on camera.
“In property damage, there's no pain and suffering, it doesn't matter how much you love that car that the car was brand new, the car had never been scratched, doesn't matter what any of that emotional stuff is, it's a piece of property, and all you get is the amount necessary to fix it and/or to replace it,” says John Cooper, co-founder of Cooper Hurley Injury Lawyers.
But say a garbage or recycling truck hits you. If it's a private company, they are treated like a private citizen in the sense that you share information, contact insurance or a claims administrator, submit estimates, etc.
I asked Cooper if a company was required to give a victim a rental vehicle.
“So, rental car is a key part of this, because there's two possibilities: one is that the car is so badly damaged, that it's worth less than 75% of the cost of repair,” he said. “The next thing is that if it's a repair, then you're entitled to a rent-a-car or a comparable rent-a-car the whole time your car is in the body shop.”
However, if it’s a government entity like a city-owned vehicle, Cooper says it gets a little more complicated.
“If a government aid entity is responsible for causing your injury or your property damage, there are special rules for the government. They have all kinds of immunities,” he says. “The liability is very strange while they are doing the collection of garbage, they are immune from suit, even if they scratch your car.”
If you're concerned about garbage trucks, move your vehicle during their scheduled pick-up time, fold your side mirrors in, and consider getting a bumper guard. Cooper also recommends parking straight and close to the curb so someone can't say you were the one who parked incorrectly.
