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Emergency

Damage in a parking garage or on a parking lot: who is liable?

If your car is damaged in a parking garage or on a parking lot, liability depends on who caused it. If another driver caused the damage, that driver or their insurer is liable. The parking garage operator is only liable in the event of its own breach of duty, for example inadequate safeguarding.

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Your chances of getting your money back

If another driver caused the damage, that driver or their motor liability insurer is liable. The parking garage operator is only liable in the event of its own breach of duty (e.g. unsafe structural conditions), not across the board for every damage.
Duties of consideration and care also apply on parking lots; often liability is shared when the sequence of events is unclear. With good evidence you can enforce your claim.

What you should do now

  1. 1

    1. Secure evidence

    Photograph the damage, position, surroundings and possible traces of the party who caused it. Secure witnesses and, if available, camera footage.

  2. 2

    2. Identify the party who caused it

    Try to determine the party who caused it (leaving a note with contact details is mandatory; in the event of a hit-and-run, file a report).

  3. 3

    3. Check the operator

    Check whether the operator is guilty of a breach of duty (structural defects, missing safeguarding). General liability exclusions in terms and conditions are not effective without limits.

  4. 4

    4. Assert the damage

    Assert the damage with the opposing insurer or the operator in writing; if the party who caused it is unknown, check your comprehensive insurance.

How to spot the scam

  • The party who caused it leaves without providing contact details (hit-and-run).
  • The operator invokes a liability exclusion in its terms and conditions across the board.
  • There are no witnesses and no camera footage.

Frequently asked questions

Is the parking garage liable for damage to my car?

Not across the board. If another driver caused the damage, that driver or their insurer is liable. The operator is only liable in the event of its own breach of duty, for example structural defects or inadequate safeguarding. General liability exclusions in terms and conditions do not apply without limits.

What do I do in the event of a hit-and-run in the parking garage?

Secure evidence (photos, witnesses, camera footage) and file a criminal report. If the party who caused it cannot be identified, your own comprehensive insurance (fully comprehensive for vandalism/accident) can step in: note the deductible and no-claims downgrade.

How do I enforce my damage claim?

With good evidence you assert the damage with the insurer of the party who caused it or, in the event of that party's breach of duty, with the operator. Obtain a cost estimate or an expert report if necessary and demand settlement in writing with a deadline.

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.