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I am losing sleep and I want to take her to small claims court, please help.
I was backing out of a driveway and fully stopped when I saw another car in reverse. I honked for a whole second, but she hit me anyway. Well it was more like her car pushed my car. I looked to my left and saw a crossguard looking my way. I wanted to exit the car and take pictures before she drove off. I chased her down and honked. She pulled over after driving pass 8 houses. She exit car and said to me "I'm sorry for hitting you." We inspect damage and she said, no way I bump you a little only. I did not do that damage to your car. I called police and he took 70 min to arrive. No police report because only property damage so we exchanged insurance. She lied to her insurance by saying said there was no collision. Is that obstruction of justice?
From the insurance point of view, it is hard to believe me because her car only had scratches and she claimed the scratches were from a previous accident. Police said it was no hit and run because she stopped and exchanged insurance info. The crossguard is in the hospital.
If I take her to court, can I summon the police officer to prove she lied about no collision? He heard her say "I only bump you a little. I did not do that damage." Will officer even show up or remember? I left the office a message and politely asked for his testimony.
You are screwed as far as recovery from her. Next time take pictures of the cars, the street, her, her ID and insurance papers.
That's why you have a camera.
Typically drivers entering a public road from a private one (ie a home driveway, parking lot, etc) must give way to traffic on the public road and are considered at-fault in the event of a collision.
I would expect little sympathy from a judge in your position.
Experience: I was hit in such an accident. A corvette reversed out from his driveway on the other side of the road (and an entire travel lane) to hit me heading down the opposite direction lane.
You are screwed as far as recovery from her. Next time take pictures of the cars, the street, her, her ID and insurance papers.
That's why you have a camera.
I did take pictures, but she drove away, but eventually I did get her I'd insurance and car damage pictures.
She lied to her insurance though and the police officer may testify
Typically drivers entering a public road from a private one (ie a home driveway, parking lot, etc) must give way to traffic on the public road and are considered at-fault in the event of a collision.
I would expect little sympathy from a judge in your position.
Experience: I was hit in such an accident. A corvette reversed out from his driveway on the other side of the road (and an entire travel lane) to hit me heading down the opposite direction lane.
There was no oncoming traffic, I was free to back out.
For some reason, she reversed. Maybe she saw a parking spot
I'm confused. There was no oncoming traffic What do I yield to? She reversed so unexpectedly and did not respond to my honk. I was not moving for 2 whole seconds
I'm confused. There was no oncoming traffic What do I yield to? She reversed so unexpectedly and did not respond to my honk. I was not moving for 2 whole seconds
What are you confused about? She was on the main road, you were entering that road, it's on you to yield to any cars on that road going in any direction. What makes you think you have the right-of-way? If you had "2 whole seconds" to react, why did you not pull back into the drive?
How can you prove she "lied" to her insurance company? Do you have a copy of her statement to them?
She did not hit and run, she stopped and exchanged info.
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