Legal Question in Personal Injury in California
A lady backing out of a parking space (grocery store parking lot) hit me on my door. I called the police but when they came they said they couldn't take a report because it's private property. We exchanged insurance info.(I have liability only)Her insurance sent out an adjuster and he estimated the damages at 4300.00 dollars. Now her insurance sent me a letter saying that "I sideswiped their stopped insurer" and they are not going to pay for the damages. I have never hit anyone and this is the first time I've ever been hit. Do I take her to small claims? If so, how does the judge determine who is at fault? Please! someone tell me what I can or should do.
Thank you,
Diane Vargas
2 Answers from Attorneys
Yes, you should go to small claims. Hopefully you have the address of the person who hit you, because you will need to serve her the papers. To prove your case, you should show the judge the photos of the damage to your car which does not look like a side-swipe, but rather like an indent from being hit. Also, you might try asking at the grocery whether they have any video or if any workers there saw the accident. Good luck!
Small claims court is the only option here. The location of the damage on the vehicles should help establish your claim, assuming that the rear corner on the lady's car was damaged, and your door was damaged. Anything short of that would not make sense. Remember, testimony in any court must make sense to the judge. Good luck.
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