Originally posted by: sactoking
Ok, here's the deal- I used to work auto insurance liability claims. I did some research on NJ law, and this is what I came up with: NJ IS a 'not as great as' state. This means that the only bar to recovering for property damage is that you cannot recover from someone who's negligence is 'not as great as' yours. In a two-car accident, you can recover from the other driver so long as you were not 51% at fault or more.
In the situation you described, you would normally be 0% at fault. The fact that your car was parked facing the wrong way (presumably on the wrong side of the street) does not alter the fact that the other driver hit a stationary object. You may be criminally liable to the city/county for a parking violation, but that has no bearing on the fact that the bus driver (and their employer) is civilly liable for the property damaged.
Now, the other driver's personal insurance will not cover them, since they drive for a living and that is a common exclusion. Since the bus driver was acting in the course of employment when the accident happened, the school/district is liable as an employer. Getting the school/district to pay will be tough.
Do you have collision coverage on your car? If so, suck it up, eat the deductible, and make a claim on your collision coverage. By using your insurance, you've got them and their adjustors and attorneys on your side now. Your insurance will be legally required to fix your vehicle, covering all expenses minus the deductible. When you make the claim, be sure to tell them exactly what happened and that you believe the other driver is at fault. They will conduct an investigation and should agree. At that point, they will have paid $$$ to fix your car, money they should not have paid. They will contact the other insurance and attempt to recover their money (and your deductible). If they can't reach an amicable agreement, they will go to arbitration for you. All of this is done at their expense. Trust me, they will have much better luck at pushing around a public agency than you will. If you need a rental, either use the rental coverage on your policy or pay out of pocket. If you pay out of pocket, keep the receipts for reimbursement.
The other option if you choose (or do not have collision coverage) is to go direct to the employer. Trust me, it will be a headache. If you have to, always remember that:
1- you are not at fault
2- you have no monetary responsibility for any of the repairs (except betterment, which is when you get a new part to replace one that was damaged BEFORE the accident)
3- you will not go away
