Will the person that backed into a parked car on private property be held liable for damage?

My car was parked on my own private property and someone trespassed onto my property and damaged my car causing $2200.00 in repairs.

Asked on June 30, 2009 under Accident Law, Texas


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

Answered 11 years ago | Contributor

The location is irrelevant.  The driver of the other car negligently caused damage to your property and they are responsible.  You can make a claim against their insurance policy (if they have insurance).  If not, you can sue them in small claims court (the limit in Texas is $10K) for your damages.  You can hire a lawyer, but for small claims court it is not indicated and will cost you money you don't need to spend.  Make sure you get a couple of estimates for repairs and take some photos of the damaged vehicle.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If that person was negligent (legally careless), which certainly sounds like the case, then you could sue them if necessary, to recover the cost of repairs.  It doesn't even matter that it was your driveway and they were uninvited; the same result would happen if this took place in a supermarket parking lot, or even the other person's driveway while you were a guest there.

One place to find an attorney who can file your lawsuit, if needed, is our website, http://attorneypages.com

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