This would be paid from the comprehensive coverage on your policy. If you do not have this coverage, you will not get paid. Additionally, you should have called the local police and gotten a copy of the report. Comprehensive coverage has nothing to do with this type of dammage. If you had collision coverage at the time of the damage then call your claims department and file a claim. Your collision deductible would apply. If you didn't have collision coverage but did have uninsured motorist property damage then that may apply. if you didn't have either then you have a damaged car.
If the driver had hit a pedestrian or a car that was sitting, waiting for a stoplight, who would be at fault? The driver is responsible for whatever he hits. While the parked car will get a parking ticket, that is not a "moving violation", and cannot be considered the cause of a collision. Drivers are responsible for avoiding ALL obstacles, even illegally parked cars.
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