Hitting a Parked Car in Pennsylvania: What the Law Requires

Attorney Answer

Pennsylvania law asks three things of a driver who hits a parked car: stop, get your details to the owner (in person or by a note left on the car), and notify the police. If all three happened, what remains is an ordinary insurance claim. If any of them did not, that is the part to take to a lawyer, and sooner is better than later.

The rule is 75 Pa.C.S. § 3745(a), and it is one sentence:

The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which is unattended resulting in any damage to the other vehicle or property shall immediately stop the vehicle at the scene of the accident or as close thereto as possible and shall then and there either locate and notify the operator or owner of the damaged vehicle or other property of his name, address, information relating to financial responsibility and the registration number of the vehicle being driven or shall attach securely in a conspicuous place in or on the damaged vehicle or other property a written notice giving his name, address, information relating to financial responsibility and the registration number of the vehicle being driven and shall without unnecessary delay notify the nearest office of a duly authorized police department.

Read the last clause carefully, because it is the one people miss. The statute gives you a choice between finding the owner and leaving a note, but it does not give you a choice about the police. Either way, the nearest police department is to be notified “without unnecessary delay.” A note under the wiper on its own does not finish the job.

What the note has to say. Your name, your address, your insurance information and the registration number of the car you were driving. It has to be attached “securely in a conspicuous place,” so a note that can blow away is a weak note.

If the owner had been in the car, a different section would apply. Where the other vehicle is “driven or attended by any person,” 75 Pa.C.S. §§ 3743 and 3744 require you to stop, remain, and give your name, address and registration, and show your license and insurance information on request. The unattended-car rule is the lighter of the two.

What happens if a step was skipped. § 3745(b) makes a violation a summary offense:

A violation of this section is a summary offense, punishable by a fine of $300 or imprisonment for not more than 90 days, or both.

A summary offense is the least serious class in Pennsylvania, but it is still a criminal charge, and how a late report is made can matter. If you drove off without leaving a note or without notifying the police, speak to a Pennsylvania criminal defense lawyer before you contact the police or the owner about it. That is a short conversation, and it should come first.

The damage itself is an insurance matter. The owner's claim runs against the property-damage part of your own liability coverage, the coverage Pennsylvania requires you to carry for exactly this. Your insurer handles the claim; you do not negotiate fault or a figure with the owner yourself.

What you can do

1. Keep whatever record already exists: a photo of the note you left, the police incident number, and photos of both cars.

2. Report the accident to your own insurer promptly; your policy requires it, and the owner's claim will come through them.

3. Before agreeing to pay the owner directly in cash, speak with your insurer, since a private payment can complicate the claim it would otherwise handle.

4. If you did not leave a note or did not notify the police, talk to a Pennsylvania criminal defense lawyer before you contact either.

5. Even if everything was done correctly, a brief phone consultation with a local Pennsylvania attorney before you act is worth having; most lawyers offer a short initial call at no cost, and a few minutes on your specific facts is worth more than any general guidance, including this page.

⏱ Time limits apply. The police notice is due “without unnecessary delay” under § 3745(a). The owner's claim for damage to the car must be brought within two years under 42 Pa.C.S. § 5524, which lists “An action for taking, detaining or injuring personal property, including actions for specific recovery thereof.” The practical window for evidence is shorter: parking-lot footage is usually overwritten within days or weeks.