If you are legally parked there is no question that the other driver is At Fault. Your parked vehicle has not chance of avoiding the accident. Only the driver who hits your car while it is parked could avoid the situation. Now the problem comes in when they leave the scene of the accident. Immediately call the police without moving your vehicle. Search for witnesses and report it to the owner of the parking lot as well if you can identify them. Make sure a police report is made.
If you have uninsured motorists coverage the UM will pay for your damage just as if the other party had coverage except you will have a small deductible depending on what you purchased on your policy. If the other party is caught, and the funds are recovered by your insurance company they will refund your deductible to you even if it takes years. If they had insurance it will be quick, if not it may take a while. If the person who hits you has insurance your UM does not get involved.
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