They can do it, but what proof do they have? Make them sue you and prove it. Sounds ridiculous.
No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
Yes, but for criminal liability they have to show an intent. If it was just an accident then they can make an insurance claim.
Under no fault law, her own insurance would pay for parking lot damage to her car. If her insurance felt it had a case against you, it could sue you. But that is a ways off.
Now, the thing that is confounding is all is the police involvement. Did she say she intentionally scratched your car?
First, do not talk to the police. You are under no obligation and anything you say will be used against you. Just politely tell them that you do not talk to police officers without an attorney present. They will tell you that it is not a big deal and that they just want to get your side but so what? They are right. It is not a big deal, really. Unless you intentionally scratched her car, it is not a crime. I can't even see why they would put together a police report anyway. That being said, that is what Michigan no-fault insurance is for. Her insurance covers her and yours covers you. If she failed to purchase full coverage (or at least comprehensive coverage) than she is out of luck unless she wants to sue you in small claims court but she would still have to prove you did it. Simply writing a license plate number down for the car next to her is not proof that your car door struck hers. It could have been the car before or after you. Anyway, you are under no obligation to talk to the police and if it was me, I would politely thank them for their interest in you, tell them no thank you and to have a nice day. Based on what you described, I do not see any criminal activity for them to charge you with anything. I wish you luck! If they pursue this, get a lawyer without saying anything.
The comments listed here do not create an attorney-client relationship. The comments are for informational purposes only and are not to be considered legal advice. This attorney is only licensed in Michigan and does not give legal advice in any other state. All comments are to be considered conversational information and you should not rely on these comments as legal advice or in place of retaining an attorney of our own. The comments here are based solely on what you have provided and therefore are general in nature and with more specific facts or details a different answer or outcome could result. The legal system is not a perfect science and this attorney does not guarantee any outcome.