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A Hit-and-Run on Your Parked Car in an Ohio Parking Lot, With No Coverage: What Recourse Is Left

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JV

Reviewed & verified by A. Jason Velez, Esq.*

Founding Attorney, 1LAW · Last reviewed December 28, 2020

Legal Inquiry

Consumer Legal Issue

My parked car was hit in a parking lot. There were no witnesses or cameras, and the other driver fled the scene. I didn't see it happen. Do I have any recourse? My insurance doesn't cover it.

Attorney Answer

The honest answer is that recourse depends on finding the driver. Unless the driver is identified, there is no one to claim against, and without collision coverage your own policy won't pay. What you can do is make the report that keeps a claim alive if the driver turns up. Ohio required that driver to leave a note on your car, so leaving without one is an offense the police can pursue.

What the other driver was required to do. A parking lot is off the public road, so the rule is Ohio Rev. Code § 4549.021(A)(3):

(3) If the accident or collision is with an unoccupied or unattended motor vehicle, the operator who collides with the motor vehicle shall securely attach the information required under division (A)(1) of this section, in writing, to a conspicuous place in or on the unoccupied or unattended motor vehicle.

The information it refers to is the driver's name and address, the owner's if different, and the vehicle's registration number. Failing to stop is a first-degree misdemeanor under the same section.

If the driver is found. You would have a claim for the damage, and two years from the crash to bring it. Ohio Rev. Code § 2305.10(A):

(A) Except as provided in division (C) or (E) of this section, an action based on a product liability claim and an action for bodily injury or injuring personal property shall be brought within two years after the cause of action accrues. Except as provided in divisions (B)(1), (2), (3), (4), and (5) of this section, a cause of action accrues under this division when the injury or loss to person or property occurs.

Your own policy. Uninsured motorist coverage, which is optional in Ohio, deals with injuries. Damage to a parked car is a collision-coverage question. If your policy doesn't include collision, it won't pay for this, and the police report is what keeps the other door open.

What you can do

1. Report it to the police now, even without a suspect, and get the report number.

2. Photograph the damage closely, including any paint transfer, which can show the other car's color.

3. Ask the businesses around the lot, and the lot's owner, whether any camera covers the area; footage is often overwritten within days.

4. Get a repair estimate, so you are ready if the driver is identified.

5. Even if you are handling this yourself, you would be best served by a brief phone consultation with a local Ohio attorney before you act. Most lawyers offer a short initial call at no cost, and a few minutes on your specific facts — and on how your court actually handles this — is worth more than any general guidance, including this page.

⏱ Time limits apply. Two years from the crash to sue the driver for the damage, if found, under Ohio Rev. Code § 2305.10(A). Report it to the police right away, since footage and memories fade quickly.

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Courts & Legal Aid in Ohio

Frequently Asked Questions

What must a driver do after hitting a parked car in an Ohio parking lot?

Under Ohio Rev. Code § 4549.021(A)(3), securely attach the driver's name and address, the owner's name and address if different, and the vehicle's registration number, in writing, in a conspicuous place in or on the unattended vehicle.

Does uninsured motorist coverage pay for hit-and-run damage to a parked car in Ohio?

Ohio's uninsured motorist statute, Ohio Rev. Code § 3937.18, deals with bodily injury, and the coverage is optional. Damage to a parked car is generally a matter for collision coverage under your policy's terms.

How long do I have to sue a hit-and-run driver in Ohio if they are found?

Two years from the crash under Ohio Rev. Code § 2305.10(A).

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