If someone hit my car while parked in a parking lot and I don’t have insurance but he did, will his insurance still pay for the damages?

Asked on October 10, 2011 under Accident Law, Indiana


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

Answered 9 years ago | Contributor

Since the person who hit your parked car is at fault in the accident, the fact that you did not have insurance will not have any effect on your claim.  The at-fault driver's insurance company will pay for your property damage (the cost of repairs to your car).  While your car is being repaired, the other driver's insurance should also pay for a rental car for you.  You will need to mitigate (minimize) damages by NOT selecting the most expensive rental car you can find or your damages will be reduced accordingly.  The insurance company probably has a limit on the maximum it pays per day for a rental car.

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