Rental was hit while parked. Who is responsible for damage?

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Rental was hit while parked. Who is responsible for damage?

I live in Michigan. My rental car was
parked and a person hit my car while it’s
parked. Who is responsible? He doesn’t
want to fix my car. I tried to sue him,
his insurance lawyers told me it’s not my
car it’s rental. And Im responsible
regardless. Is that correct?

Asked on June 23, 2016 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are almost certainly  responsible to the rental car company, to pay any amounts to fix the car not paid by any insurance you bought. While you should check tour rental agreement to confirm this, car rental contracts typically make the person renting the car responsible for those costs. However, the at-fault or negligent (unreasonably careless) driver who hit the parked car (it is unreasonably careless to hit a stationary vehicle) is in turn liable to you for any amounts you have to pay out due to the damage he did. If he or his insurer will not voluntarily pay you, you could sue him for the money (you sue him, not his insurer).
 


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