Many parking lots, including those at fast food restaurants are on private property. Depending on state laws and local rules of the jurisdiction in which the accident took place not all the “rules of the road” may apply in that parking lot, although the ones regarding insurance do.

Procedures may vary somewhat from place to place, but generally speaking, the law enforcement agency with authority in the area where the parking lot is located will respond when you have an accident there. In most jurisdictions police will write up an accident report even if state laws that govern public roadways do not apply in a private parking lot.

In some states, such as Louisiana (according to their Department of Insurance) an accident in a parking lot means the officer cannot issue citations to the drivers for moving violations such as speeding, but the officer can still take action against a driver for not having liability insurance. To find out what your state laws allow regarding citations on private property check with the Department of Motor Vehicles (DMV) and/or the local law enforcement agency.

If a driver is backing out of a parking space in a private lot and hits another car that has the right of way, the first driver is at fault normally. However, there are many situations in parking lots that are not as clear cut. If both you and the other driver are backing out of parking spaces or cutting across empty parking spaces when you collide, both may be considered at fault. The negligence laws of your state will dictate how fault will be determined by the police and the insurance companies.