Are you responsible for damages if an accident happened on private property?

I was rear ended in a parking lot last week. When I called the ladies 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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Ryan L. Hilts, Attorney at Law | Ryan L. Hilts
Lake Oswego, OR
The lady who hit you is responsible for the property damage. It makes no difference that it happened on private property. If she doesn't have insurance and is unable to pay, check with your own insurance company to see if you have property damage coverage. Your own insurance company will then pay for the damage.

Answer Applies to: Oregon
Replied: 11/18/2011

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