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


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.

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