What to do if I was involved in an accident at parking lot?

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What to do if I was involved in an accident at parking lot?

I was involved in an accident; the other car was parked and there were were no people in

it. I didn’t have personal insurance but the rental company was saying that they provide minimum basic liability insurance even if you don’t pick any of their options. The other person’s right lower bumper was dented. Local bodyshops said it would cost $300-$400 for my car and $600-$1200 for bumper replacement for their car. What should I do? Should I wait for their insurance company to call me? What are possible outcomes?

Asked on October 12, 2016 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can offer to pay voluntarily; or you can wait to see if the other driver sues you for any repair costs not paid by an insurer (i.e. for his out of pocket costs, such as from a deductible) and/or for an insurer to sue you to be reimbursed for any amounts it paid out to him ("subrogation"). If you hit a parked car, you were at fault--it is by definition negligent, or careless, to hit a stationary vehicle--so if sued, you will be liable. The issue then is whether to proactively try to settle the matter to get it done, or to wait to see if you are sued--if you are not sued, you don't have to pay anything (unless you voluntarily chose to).


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