Rental was hit while parked. Who is responsible for damage?

UPDATED: Sep 30, 2022

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Rental was hit while parked. Who is responsible for damage?

I live in Michigan. My rental car was
parked and a person hit my car while it’s
parked. Who is responsible? He doesn’t
want to fix my car. I tried to sue him,
his insurance lawyers told me it’s not my
car it’s rental. And Im responsible
regardless. Is that correct?

Asked on June 23, 2016 under Accident Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You are almost certainly  responsible to the rental car company, to pay any amounts to fix the car not paid by any insurance you bought. While you should check tour rental agreement to confirm this, car rental contracts typically make the person renting the car responsible for those costs. However, the at-fault or negligent (unreasonably careless) driver who hit the parked car (it is unreasonably careless to hit a stationary vehicle) is in turn liable to you for any amounts you have to pay out due to the damage he did. If he or his insurer will not voluntarily pay you, you could sue him for the money (you sue him, not his insurer).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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