My car was hit while parked and now the other driver said his insurance is not gonna pay for it,is that fair?

You can sue him directly and then let him fight with his insurance company.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

It is not up to the driver who hit your car to say whether or not his insurance company will accept the claim. It is not his decision to make. Pursue a claim for your damages directly with his insurance company. If you are not satisfied with the insurance company's handling of your claim, then file a claim in court.

The guy that hit your car was speaking out of his ignorance/self assured righteosness. It is the insurance company's obligation to offer you a fair settlement for the damages.

If this driver was first struck by a negligent driver and was propelled into your car, why would you think that he was negligent in causing the damages when it was the first driver who was negligent? Your claim needs to be against the driver who caused the initial impact.

You need to report this incident to your own insurance carrier in the event that the originally negligent driver is not insured. You would then have a probable claim under your uninsured motorist coverage for your property damage.

Legal Disclaimer:

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to insure proper advice is received.