Legal Question in Personal Injury in California

My chances in Small Claims from a non-contact auto accident

I was driving down a main street when a woman pulled out of a side street in front of me. I think she panicked when she saw me and stopped right in the middle of the street. I was able to make an evasive maneuver and did not hit her car. However, I did hit a curb and damaged a tire and wheel. Her insurance company is saying they will not pay because I didn't hit her. Do I have a good chance of winning in Small Claims court? Thanks!


Asked on 3/04/04, 1:09 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: My chances in Small Claims from a non-contact auto accident

I would rule in your favor if I were the judge, unless you ran a stop sign or were otherwise at fault. The idea that you should have gone ahead and hit the other car (endangering yourself, the other driver and any passengers in the process) in order to be compensated is so absurd it's offensive.

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Answered on 3/04/04, 7:56 pm


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