Legal Question in Civil Litigation in Maryland

Assailant denying fault in minor auto accident

My truck was struck by a female driver making an illegal left turn while I was in the turning lane. She was in the lane next to me which goes straight. I received the green arrow to turn while her light was still red and as we proceeded through the light she tried to overtake me clipping the front right bumper of my SUV right below the headlamp which shook my truck a little. As I layed on the horn she looked at me in her rearview mirror and sped up. I followed her into the parking lot of the shopping center and blocked her in when she parked. The police were called and becuase the only witness was my 16 and 13 year old in my car. The officer only did an exchange of info report since our explanations differed. Can I sew her in small claims court and what are the procedures. My insurer won't fight for me becuase the damage is below my $500.00 deductible. I can't let her get away with this. Please help!


Asked on 3/29/06, 6:22 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Assailant denying fault in minor auto accident

It sounds as if you are motivated by principles which can sometimes be problematic. It appears that the woman suffers from road rage or some other anger based problem. She may be a hazzard to the public.

You can sue her in small claims court. You can visit the clerk of the county where the collision occurred and complete a complaint. This document will then be served upon the woman and a trial will be scheduled. Your children can appear as witnesses but keep in mind that the judge may view their testimony as biased toward your interests. Nonetheless, you may benefit from having a witness who will testify under oath as to the incident. Since it is a small claim the rules of court are relaxed.

You should be commended for addressing the issue as this woman may cause a more serious collision in the future and she needs to understand that driving is a priviledge. Good luck.

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Answered on 3/30/06, 9:29 am


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