Legal Question in Traffic Law in Virginia

claiming damages after trial

My girlfriend was recently in an accident. Tractor trailer ran down the side of her car while she was merging onto the highway. Her car has considerably damage on the side and nothing happened to the tractor trailer. Went to trial last week where, the officer on the scene testified that there was no damage to the tractor trailer, she got sent to traffic school and driver never appereared in court, case closed. She received a letter today from the tractor trailer driver wanting $1600 in damages. What course of action should she take. Thanks, Rob


Asked on 7/31/03, 7:13 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: claiming damages after trial

If the officer on the scene testified that there was no damage to the tractor trailer, the driver of this vehicle should be so informed and his claim refused.

From your description of the facts, it would appear that the traffic court found that your girlfriend was responsible for the merger collision and, therefore, if she were to file a claim against the tractor trailer driver in small claims court for her damages, she would have little chance of prevailing.

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Answered on 8/01/03, 1:24 am


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