Can you bring an injury claim for a parking lot crash?
Yes. A driver who backs out without looking or cuts across empty spaces in a parking lot owes the same duty of reasonable care as a driver on a public road, and you can claim your medical bills, lost pay and, depending on your tort election, pain and suffering. A parking lot is usually private property, which changes how police respond and can add the owner of the lot as a second responsible party.
The same Pennsylvania auto insurance rules apply too. Your own first-party medical benefits pay your bills first, whether the crash happened on West Chester Pike or in the lot beside it.
How fault works when there are no lanes or signals
Parking lots have few of the markers that settle fault on a street. There is often no signal, no posted speed and no clear lane. Fault comes down to who had a duty to yield in that moment and who failed to keep a lookout. Some patterns come up again and again:
- A driver backing out of a space hits a car moving down the travel aisle, which usually has the stronger right to proceed.
- Two drivers back out at the same time, which often leads to shared fault.
- A driver cuts diagonally across empty stalls instead of using the aisle.
- A driver pulling out of a lot onto the road fails to yield to traffic or to a pedestrian on the sidewalk.
- A driver hits a shopper walking between parked cars or loading a trunk.
Shared fault is common in lot crashes
Because both drivers are often moving, insurers push hard to split the blame. Pennsylvania uses modified comparative negligence (42 Pa.C.S. § 7102). Your recovery is reduced by your percentage of fault, and you recover nothing from a defendant if your share is greater than the combined fault of the defendants.
A 50/50 split is not automatic just because both cars were in motion. Where each car was, which one was in the aisle, the damage points on each vehicle and store video can show who really caused the impact.
When the property owner shares responsibility
Some lot crashes are not only a driver problem. Faded or confusing arrows, a blind corner created by a dumpster or overgrown shrubs, a broken light over a walkway, or a deep pothole can set up a collision. The owner or manager of the property may share fault for a condition it knew about or should have fixed.
Those claims follow premises liability rules, which differ from a driver claim. If the lot belongs to a government body, the rules change again. SEPTA, for example, runs parking at the 69th Street Transportation Center in Upper Darby and at other stations, and a claim against SEPTA generally requires written notice within six months (42 Pa.C.S. § 5522). Our premises liability page covers owner claims in more detail.
Police reports and the private property difference
Pennsylvania's Vehicle Code says its rules for operating vehicles generally apply to highways (75 Pa.C.S. § 3101(a)). The Code separately defines a trafficway as any place open to the public for vehicle travel by right or custom, and it extends certain serious offenses, including DUI, to trafficways as well as highways (75 Pa.C.S. §§ 102, 3101(b)).
What this means for you in practice: police may handle a private-lot crash differently from a street crash, and you may not come away with the same kind of report. Call police anyway if anyone is hurt, ask for the officer's name and an incident number, and collect the other driver's name, license, plate and insurance information yourself.
Evidence to lock down in the first days
Store and garage cameras often decide a lot crash, and they are also the first to disappear. Many systems record over themselves on a short cycle. Ask the store manager in writing to keep the footage, and let a lawyer send a formal preservation letter.
Photograph both cars where they stopped before they move, the painted arrows and stall lines, any stop signs inside the lot, the lighting and any hazard. Write down the names of witnesses, including employees who were collecting carts or working the lot.
Where parking lot crashes happen around Upper Darby
Shopping center lots along West Chester Pike, Baltimore Pike and Township Line Road see constant turning and backing traffic, and entrances onto those roads mix lot traffic with fast-moving cars. Commuter lots near trolley and Norristown line stops fill and empty in a rush. In West Philadelphia, small lots behind corner stores and tight garage ramps create blind turns.
If your claim goes to court, a crash in Delaware County is usually filed in the Court of Common Pleas in Media, and a crash in the city in the Philadelphia Court of Common Pleas at City Hall.
Deadlines and how we can help
Injury lawsuits in Pennsylvania generally must be filed within two years of the crash (42 Pa.C.S. § 5524), with exceptions, and government notice rules can be far shorter. Warren I. Siegel, a Pennsylvania lawyer since 1992, can review the facts, identify every responsible party and deal with the insurers.
Our fee is 100% contingency: no attorney fee unless we recover, the firm advances all case costs, and those costs are repaid only from a recovery. Call (267) 412-4601, answered 24 hours a day, or send the free case review form.
Questions People Ask About Parking Lot Accident Claims
Who is usually at fault in a parking lot accident?
Often the driver who was backing out or pulling out of a space, because drivers in the travel aisle generally have the stronger right to proceed. It depends on the facts, and both drivers can share fault under Pennsylvania's comparative negligence rule.
Do police come to parking lot accidents in Pennsylvania?
Call them if anyone is hurt. Because lots are usually private property, the response and paperwork can differ from a street crash, so gather the other driver's information and photos yourself whatever the police do.
Can I sue the store or property owner for a parking lot crash?
Possibly, if a condition the owner controlled helped cause it, such as missing signs, poor lighting, a blind corner or a pothole. That is a premises liability claim that sits alongside the claim against the driver.
Does my car insurance cover an accident in a parking lot?
Yes. Your first-party medical benefits apply regardless of where the crash happened, and the at-fault driver's liability coverage applies in a lot the same way it does on a road.
What if both cars were backing up at the same time?
Insurers often call these 50/50, but that is a negotiating position, not a rule. Video, damage location and which driver started moving first can shift the percentages.
Is a parking lot injury claim worth pursuing if the speeds were low?
Low speed does not mean low injury, especially for pedestrians and for neck and back injuries. If you needed treatment, a free review can tell you whether the claim is worth pursuing.
Sources
Written for general information by the office of Warren I. Siegel, Esq., Pennsylvania Attorney ID 65342. Last reviewed 2026-09-25. This is not legal advice for your situation, and deadlines vary by claim. Talk to a lawyer before relying on any date.