Parking Lot Hit-and-Run Involving a Lowered Tailgate

Attorney Answer

You likely have a claim, but expect the other side to argue you share part of the fault. In California that reduces what you recover; it does not wipe it out.

Two rules matter here. The first is the duty to stay. Cal. Veh. Code § 20002(a) requires a driver involved in a collision resulting only in damage to property, including vehicles, to stop immediately at the nearest location that will not impede traffic, and the section then sets out the steps the driver must take to get identifying information to the other owner. A violation is a misdemeanor carrying up to six months in county jail, a fine of up to $1,000, or both. One caveat this page cannot settle for you: how the Vehicle Code's stop-and-identify duties apply inside a private parking lot is fact-specific, and it is worth asking a local attorney rather than assuming. Your civil claim for the damage does not depend on that answer.

The second rule is fault. Cal. Civ. Code § 1714(a) provides: "Everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself." A driver who leaves a tailgate extended into a parking aisle can be found to have fallen short of ordinary care. So can a driver who moves without seeing what is behind them. Both can be true in the same collision.

That matters because of how California divides fault. In Daly v. General Motors Corp., 20 Cal. 3d 725 (1978), the California Supreme Court reaffirmed and applied the state's pure comparative system, under which a plaintiff's recovery is reduced only to the extent his own lack of reasonable care contributed to his injury. Reduced — not barred. Even if some share of the blame lands on you, a claim is still worth pursuing.

What you can do

1. Photograph everything now — both vehicles, the damage, the tailgate's position if it is still there, the aisle, and any paint transfer or debris.

2. Ask the property owner or manager in writing, today, to preserve the security footage for that time and location. Many systems overwrite within days, and a written request dated before the overwrite matters.

3. Report it to the local police or sheriff so an official report exists, and give them the plate, vehicle description and any witness contact information you have.

4. Report the claim to your own insurer promptly and tell it about the footage request.

5. Get a written repair estimate and keep the invoice.

6. Before accepting any offer that treats you as entirely at fault, ask a local attorney how fault is likely to be divided on these facts. That is a judgment call, not a form.

7. Most lawyers offer a brief initial call at no cost, and a few minutes on your specific facts with someone who handles these cases in your area is worth more than any general guidance, including this page.

⏱ Time limits apply. A claim for damage to your vehicle runs on Cal. Code Civ. Proc. § 338(c)(1)'s three years; if anyone was injured, Cal. Code Civ. Proc. § 335.1's two years applies to that claim and is the shorter. Which period governs and when it began depend on facts this page does not have, so have a California attorney confirm the dates. This page does not calculate a deadline for you. Separate from any claim deadline, California requires a driver involved in the crash to report it to the DMV on form SR-1 within 10 days when any one person's property damage exceeds $1,000, or when anyone is hurt, regardless of fault (Cal. Veh. Code § 16000(a)) — and if that report was never filed, raise it with your lawyer or the DMV now, because an unfiled report can lead to license suspension.