If someone hits your parked car and says they want to pay out of pocket and has not yet done so what legal actions do you have?

Gather all the info and evidence you can and take them to small claims court. You can also try calling your insurance agent for more ideas on what you can do. They won't put this on your record and it won't hurt your premiums just for asking. You could always pull the ole "my friend's parked car....." to cover.