Legal Question in Civil Litigation in Virginia
Auto accident on private property
I was in a McDonald's drive through lane when another vehicle hit my truck. The car's driver claims I hit them. However, it is my position that they were at fault and drove into me. Both parties have a witness to their position.
The vehicle damage they are claiming is $750 while the value of the car is $1200. The damage was minor and no person was injured. They have submitted an incomplete estimate for their car (missing VIN & License #). The vehicle I was driving suffered no damages.
The accident occurred in Virginia. The police would not come out and fill out a report as the accident was on private property. There are no other witnesses.
Who is liable for the damages to the vehicle? No insurance information was taken from either party. I do not want to involve my insurance, as if I am liable I will just pay for the damages on my own.
2 Answers from Attorneys
Re: Auto accident on private property
There is really not enough information here to determine who is at fault. For example, where were the cars? Where did the cars strike each other (what part of the cars)? What were the circumstances of why there was an accident?
Of course, in any case, as more senior attorneys have explained, there are four versions of the case: (1) Your version. (2) The other side's version. (3) What the judge (or jury) actually believes. And (4) what REALLY happened.
Regardless of what really happened, what counts is what the judge or jury believes.
The measure of damages would be the cost to repair the car to what it was before the accident. So it really is not relevant what the cost of the car is, but what it would cost to fix.
Re: Auto accident on private property
Given the paltry facts which you've offered here in your question, who could possibly determine whether you or the other driver was responsible (partly or wholly)for the accident and resulting damage?
It's possible that both of you(drivers)in some way, through your respective negligent actions, contributed to the cause of the collision.
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