Can someone that hit your parked car be liable if the evidence is there but you didnt see it happen?

Yes. I suggest that you take good clear color photographs of your damaged vehicle, showing the paint transfer and do the same with the other vehicle. You may want to show height measurements from the ground to show that the area of damage corresponds on each vehicle. You also should probably file a police report. It would probably be helpful to have the police look at both cars as well and they can help you secure the adverse driver's insurance company information. You then can file a claim with the adverse driver's insurance carrier. You technically have a hit and run situation. If you have automobile liability insurance which includes coverage for uninsured motorist property damage, you should also report this incident to your carrier and they will be obligated to repair your vehicle according to the coverage you have purchased. Additionally, if you don't have UM property damage coverage, but have collision coverage, you can claim this damage under your collision coverage. You would have to pay any deductible on your collision coverage, which would still be recoverable against the adverse driver. Good luck. 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.

There is no legal requirement that an accident be witnessed. However, if you were to make a claim against this 'gold car' you would have to prove that more likely than not this was the car that damaged your car. I hope that you called the police right away and had them come write a report. You should also take pictures of your car and the other car you suspect. You did not indicate if you have collision coverage on your policy or the extent of the damage. These would be important to determine the best course of action for you. If this just happened last night, and you have not yet called the police, you should do so immediately and show them the other vehicle as well if it is still there. One difficulty will be proving who was operating the other vehicle if the owner does not admit it. A police investigation and photographs are your best chance. You can determine the owner of the vehicle from the plate number, although it seems you may know who it is already. A lawyer could help you identify the insurance company of the vehicle, and you could present your photos, the police report and an estimate of the damages, and perhaps get them to pay for the damages. I would suspect however, that they will not be so easily persuaded. You did not indicate what type of 'parking facility' you parked in. They may have responsibility for damage that occurs in their lot. Again, a timely police investigation report would be the most useful support. An experience NJ attorney can you help you determine potential liability. Feel free to contact me to discuss this further, if you like.