Is the driver in the car that hit me responsible for damages? 2 Answers as of August 10, 2011

I was rear ended in a parking lot last week. When I called the lady's insurance company to file a claim they told me she no longer carried insurance. She was going to meet me at a body shop to pay the damages to my car tomorrow. She called me today and said her attorney told her since it was on private property she is not responsible for damages to my car. Is this true?

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Law Offices of Earl K. Straight
Law Offices of Earl K. Straight | Earl K. Straight
The fact this accident happened in a parking lot does not relieve her from liability. It sounds more like she has had a change of heart regarding paying for your damages. If she continues to deny your claim, your only option would be to file a lawsuit against her, possibly in small claims court depending on the amount of your damages.
Answer Applies to: Texas
Replied: 8/10/2011
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