We were in a service road with door open putting a box inside the car, someone passed and scratched his car

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We were in a service road with door open putting a box inside the car, someone passed and scratched his car

Hi, I was in a service road parked not moving, but organizing some boxes
inside my car with the rear door opened. A driver drove through getting a scratch
in their car and a dent on mine in my door. Who is at fault? The guy left without
filing a police report, but now is calling saying he wants to settle without getting
the insurance company involved.

Asked on July 11, 2017 under Accident Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The driver who hit your car is at fault because he hit a parked car.
It would be advisable to file a property damage claim with the at-fault party's insurance carrier instead of trying to settle the case on your own.


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