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 3 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.


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 AttorneyPages.com 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.