If a neighbor backed into my war while it was parked, who is responsible?

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If a neighbor backed into my war while it was parked, who is responsible?

I don’t want to contact my insurance company unless I have to.

Asked on March 20, 2013 under Accident Law, Michigan

Answers:

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

Answered 8 years ago | Contributor

Since the neighbor was at fault in the accident, you would file a claim with the neighbor's auto insurance company.  Your claim would be for property damage, and the compensation you would receive from the neighbor's insurance carrier would be for the cost of your repairs.  If the neighbor is not the registered owner of the vehicle that caused the accident, your property damage claim would be filed with the registered owner's insurance carrier.

If your property damage claim is not resolved with the at-fault party's auto insurance carrier, you could file a lawsuit for negligence against the neighbor and registered owner of the neighbor's vehicle if the registered owner is someone other than the neighbor.

Depending on the amount of damage, if the case isn't settled, you may be able to file your lawsuit for negligence in Small Claims Court.  Your damages would include the cost of repairs and court costs.  Court costs would include the court filing fee and process server fee.

 


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