What Happens If a Car Accident Happens on Private Property?

Car accidents are stressful no matter where they occur, but when they happen on private property, things can become more complex. Whether it’s a parking lot, a private driveway, or a privately-owned road, determining fault, handling insurance claims, and understanding legal responsibilities require a slightly different approach compared to accidents on public roads.

Surprisingly, 20% of all car accidents occur in parking lots, driveways, or other private property, according to the National Safety Council (NSC). Parking lots alone are hotspots for accidents due to limited space, distracted drivers, and pedestrian activity. The Insurance Institute for Highway Safety (IIHS) notes that many of these incidents involve low speeds but can still cause significant injuries, particularly to pedestrians or cyclists.

Backing-up accidents are another major contributor, with the National Highway Traffic Safety Administration (NHTSA) reporting that nearly 25% of accidents in parking areas involve vehicles reversing into another car, a structure, or a person. Additionally, poorly maintained property—such as potholes, inadequate lighting, or missing signage—can increase the likelihood of crashes and complicate liability.

These unique challenges make private property car crashes far more complicated than those on public roads. Understanding who is at fault and knowing your legal options are key to protecting your rights and securing compensation after an accident.

How Car Accidents on Private Property Differ in Illinois

Car accidents that occur on public roads follow clear rules established by state traffic laws and local authorities. However, when an accident happens on private property, such as a shopping center parking lot, residential driveway, or private road, the situation becomes more complicated because:

1. Traffic laws may not fully apply: Some traffic laws, like speed limits and right-of-way rules, don’t automatically extend to private property.
2. Property owner responsibilities: The property owner may have some liability, especially if a dangerous condition contributed to the accident.
3. Police jurisdiction: Law enforcement may not always respond to accidents on private property or may consider them a lower priority.

These unique challenges mean drivers need to approach private property accidents carefully to protect their rights and ensure proper handling of claims.

Common Places Where Car Accidents Happen on Private Property

• Parking lots (shopping centers, office buildings, apartment complexes)
• Private driveways (residential property)
• Gated communities or private roads
• Construction zones or industrial properties
• Rural or farmland areas with private access roads

Accidents in these locations can range from minor fender benders to more severe crashes involving pedestrians, parked cars, or structures.

Determining Fault on Private Property

Determining fault is one of the most important aspects of any car accident claim. On private property, fault is typically determined based on negligence—meaning the actions of one or more parties caused the accident. Unlike on public roads, where traffic laws provide a clearer picture of who is at fault, private property accidents rely more on common sense and evidence.

Common causes of private property accidents include:

1. Failure to yield in parking lots: Drivers often fail to give the right of way to others, especially in lanes or intersections within parking lots.
2. Backing up without checking: Collisions frequently occur when drivers reverse from parking spaces or driveways without looking for other vehicles or pedestrians.
3. Speeding: Even though speed limits may not be posted on private property, driving too fast for the conditions can still be negligent.
4. Disregarding signage: Stop signs, arrows, and designated lanes are common on private property, but drivers may ignore them.
5. Poor property maintenance: Property owners may share some liability if dangerous conditions, such as poor lighting, uneven pavement, or obstructed views, contribute to the accident.

Example of Fault on Private Property

Imagine a driver speeding through a grocery store parking lot and colliding with a car reversing out of a parking space. In this situation:

• The reversing driver may be partially at fault for failing to check their surroundings.
• The speeding driver may also share fault for not operating their vehicle at a safe speed.

In Illinois, the principle of comparative negligence applies. If both drivers are partially at fault, each driver’s compensation may be reduced by their percentage of fault. For example, if you are found 20% responsible for an accident, and your damages total $10,000, you can recover $8,000.

What Should You Do After a Car Accident on Private Property?

If you’re involved in a car accident on private property, follow these steps to protect yourself and your claim:

1. Check for Injuries: Ensure everyone involved is safe. Call 911 immediately if someone is injured or needs medical attention.
2. Report the Accident: Contact local law enforcement to file a report. While police may not always respond, having an official report can strengthen your case when dealing with insurance companies.
3. Notify the Property Owner or Manager: If the accident occurred in a parking lot or other private area, report the incident to the property owner or manager.
4. Document the Scene: Take photos of the vehicles, property damage, and any contributing hazards, like poor lighting or potholes. Collect witness contact information.
5. Exchange Information: Swap insurance and contact details with all parties involved in the accident.
6. Seek Medical Attention: Even if you feel fine, it’s essential to see a doctor. Some injuries may not appear immediately but can worsen over time.
7. Notify Your Insurance Company: Report the accident to your insurer as soon as possible.

Who Pays for Damages in a Private Property Car Accident?

The at-fault driver’s insurance is typically responsible for covering damages in a private property accident. If the at-fault driver is uninsured or underinsured, you may need to rely on your own uninsured/underinsured motorist (UM/UIM) coverage to recover compensation.

Property owners generally do not pay damages unless they directly caused the accident, such as through negligence in maintaining the property. Even in those cases, their liability is limited to hazards like potholes, poor lighting, or obstructed signage contributing to the collision—not the damages caused by the drivers themselves.

For most car accidents on private property, the focus remains on determining fault between the involved drivers and seeking compensation through the appropriate auto insurance policies.

“Accidents on private property often add layers of complexity that drivers may not expect. Whether it’s determining fault, dealing with property owners, or negotiating with insurance companies, preparation and evidence are key to success. I’ve handled countless cases where understanding the role of negligence—whether on the part of a driver or property owner—has been critical in achieving fair compensation for my clients.”— John J. Malm, Naperville car accident attorney

Frequently Asked Questions About Illinois Car Accidents on Private Property

Q: Should I still call the police if an accident happens on private property?
Yes, even if the police don’t respond, contacting them helps create an official record of the incident.

Q: Can the property owner be held responsible for my accident?
Yes, if a hazardous condition on the property contributed to the accident, the property owner may share liability.

Q: What if the other driver doesn’t have insurance?
You can file a claim under your uninsured/underinsured motorist coverage if the at-fault driver lacks adequate insurance.

Q: How do I prove fault in a private property accident?
Document the scene with photos, gather witness statements, and identify any hazardous conditions that contributed to the crash.

Q: Can I recover damages for injuries if I was partially at fault?
Yes, under Illinois’ comparative negligence rule, you can recover damages as long as you are less than 50% at fault.

Q: Do I need a lawyer for a private property car accident?
Yes. A lawyer can investigate, gather evidence, determine liability, and negotiate with insurance companies to ensure you receive fair compensation.

Contact the Illinois Car Accident Attorneys at John J. Malm & Associates

If you’ve been involved in a car accident on private property, understanding your rights is critical. Fault can be difficult to determine, and dealing with insurance companies or property owners can be challenging.

At John J. Malm & Associates, we have over 90 years of collective litigation experience and a proven record of securing fair compensation for car accident victims. Contact our Naperville or St. Charles offices today for a free consultation, and let our experienced team of Naperville car crash lawyers help you navigate the complexities of your case.