My Parked Car Has Been Damaged – the Person Responsible Is Known: What Should I Do?
All it takes is a brief moment of carelessness and it's already happened: Another vehicle damages your parked car. The good news? The person who caused the damage is known and has come forward – or has been clearly identified by witnesses or video footage.
But even if the damage is clearly traceable, there are a few things to bear in mind when proceeding. In this blog post, you will find out what steps you should take now, who will pay for the damage and when it makes sense to have the damage repaired – including frequently asked questions that drivers may have in this situation.
1. First Steps After the Damage
If you discover that your parked car has been damaged and the person responsible is known (e.g. through a note, direct report, neighbors or the police), you should do the following:
Documentation is the be-all and end-all:
- Take photos of the damage (close-ups + overview photos)
- Make a note of the time, place and exact circumstances
- Exchange the data with the person who caused the damage
- If possible, get written confirmation that the person who caused the damage
Have the police been called? Then ask for the file number.
2. Who Pays for the Damage?
If the person who caused the damage is known, their motor vehicle liability insurance will usually cover the damage to your vehicle. As the injured party, you then have the right to contact this insurance company and
- have the repair costs reimbursed
- alternatively request a payout based on an expert opinion
- claim loss of use, if applicable, if you are dependent on the vehicle
Tip: As the injured party, you can decide for yourself whether to have repairs carried out or to have the damage paid out (so-called fictitious settlement).
What Happens if a Child Has Damaged the Parked Car?
A common special case is: A child damages a parked car with a bicycle or other objects – what happens then?
Here it depends on the age of the child. Children under the age of 7 are not legally liable in tort and cannot be held liable for damage. In this case, it is necessary to check whether the duty of supervision has been breached – i.e. whether the parents are liable for the damage, for example.
From the age of 7, a child can generally be held liable if they act intentionally or negligently. Many parents are then liable via their personal liability insurance. Important: The motor vehicle liability insurance of the person responsible (i.e. the child) does not apply here – because the child is not driving a motorized vehicle.
Tip: If you are involved in such a case, seek legal advice or contact the relevant insurance company directly.
3. What to Do if the Damage Is Greater?
If there is significant damage to the vehicle (e.g. scratched paint, dented door, destroyed lights or sensors), repairs can quickly become expensive. In such cases, an independent expert opinion is advisable.
Ein Sachverständiger ermittelt:
- Reparaturkosten
- Wertminderung
- Wiederbeschaffungswert
- Nutzungsausfall
The costs for the expert opinion are covered by the opposing insurance company, unless the damage is only minor (rule of thumb: from approx. €750).
4. Can I Have My Car Repaired Directly?
Yes, as soon as the damage has been recognized. However, it is advisable to wait with the repair until you receive the release or damage number from the insurance company of the party responsible for the damage.
Note: Ask for written confirmation in advance that the insurance company will cover the costs – this protects you from unpleasant surprises.
5. Can I Also Have the Damage Paid Out?
Yes. If you do not wish to carry out repairs, you can have the damage paid out on the basis of an expert opinion. In this case, the net repair amount will be reimbursed – i.e. excluding VAT.
Advantages:
- You retain the decision on the repair
- In the case of minor damage, the payout may be more economical
- You can use the amount for other purposes
Disadvantages:
- The vehicle remains damaged
- The resale value decreases
- A later claim can be more complicated to settle
6. Do I Have to Go to the Insurer's Garage?
No. You have the right to instruct a garage of your choice. The other party's insurance company may not prescribe a specific garage. Although many offer so-called “partner garages”, you are not obliged to use them.
7. What Do I Need to Bear in Mind with Leased Vehicles or Company Cars?
If the damaged vehicle is leased or a company car, you must report the damage to the lessor or employer. There is usually an obligation to have the vehicle repaired professionally – a fictitious settlement is often not possible here.
8. What Role Does Copart Play in Such Cases?
In some cases – e.g. if your car can no longer be repaired economically after the accident – Copart can be commissioned by the insurance company to handle further processing.
Copart specializes in the marketing of damaged vehicles and works closely with many insurers. In the event of a total loss, for example, the residual value is often marketed via Copart – quickly, professionally and completely organized by the insurance company.
For you as the injured party, this means that you don't have to worry about anything – Copart takes care of the process together with the insurance company.
Conclusion: Damaged Parked Car – Known Perpetrator? Act Correctly Now.
If your car has been damaged while parked and the person responsible is known, you are legally well protected. It is important to document the damage carefully, contact the other party's insurance company and know your rights.
Whether repair, expert opinion or payout – you have various options to compensate for the damage incurred. And in particularly serious cases, Copart will work with the insurance company to ensure a fair and smooth settlement.
Frequently Asked Questions (FAQs) – Summary
What should I do if my parked car has been damaged and the person responsible is known?
Take photos, document the damage, exchange data and contact the other party's insurance company.
Do I have to have the damage repaired?
No – you can also have the damage paid out (fictitious settlement).
Who pays for the expert opinion?
The opposing party's liability insurance - provided the damage is above the de minimis limit.
How long does the settlement take?
Usually between 1-3 weeks, depending on the insurance company and the damage.
What does Copart do in such cases?
Copart handles economically damaged vehicles for insurance companies – especially in the case of total losses.
