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Small claims court


SRTurbo04
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Any one ever have to do anything via small claims report? Last week I had a lady run me into a curb in my car. Heading down Cleveland ave I'm in the right lane she's in the left her rear bumper is at my door. All of a sudden she turns right to try to make it in to the entrance of her daycare(from the far left lane). Cuts me off to the point where I slammed onto my breaks and jerked the car right to avoid slamming into her I hit the curb and go on it. she ends up sliding through the entrance and onto the curb and ends up in the grass. Doesn't speak a word of English, her husband shows up I tell him what happen she agreed. Filed it with her insurance and they denied it because they completely changed her story. They state since there's no witnesses and there was no actual collision between the two vehicles then its a he said she said deal. I said ok so what your saying is if I didn't avoid hitting them and just plowed into them then you guys would of sided with me, they said yes lol ughhhhhhh?!?!?! I should of just smashed into the girl, problem is its a 45 mph zone I'm surprised she was even able to make that turn at that speed, had I not swerved I would of PLOWED into that little rav4

 

Called the husband after finding this out and denies that she ever told him that's what happen and said I'm done send me me your lawyers information if you have any other questions.

 

 

I'm not filling this with my insurance as the damage is not enough to warrant filling a claim and its all cosmetic at this point. my rims are chewed up and the tires scraped to all hell and it wasn't my fault!

 

So any one ever done anything via small claims court, is this a waste or time or will they look at all aspects and actually take my side.

 

will put up a illustration of what happened in a second

 

http://i1027.photobucket.com/albums/y334/kbrowerpics/roadwithdirections_zpsrebxclmn.jpg

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TBH it sounds like your are screwed without a police report or witnesses. Only thing I can think of is see if any of the businesses around have a camera on that spot the accident occured and kindly ask them to see it or have a lawyer pull it for you.
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No police report?

 

No husband said she just got her license, felt bad so didn't get one. Doing that now though.

 

Insurance states police report wouldn't of mattered as the police didn't witness it. So even if the assigned fault the insurance would of still denied.

 

TBH it sounds like your are screwed without a police report or witnesses. Only thing I can think of is see if any of the businesses around have a camera on that spot the accident occured and kindly ask them to see it or have a lawyer pull it for you.

 

Happened right in front of her day care, will go in there tomorrow to see if rhey have cameras.

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The good news is that you have their info. If there wasn't an "accident" between the two of you, how would you have their insurance information? Their car has no damage, yours does.....why else would they voluntarily give you their info? Might as well be an admission of guilt IMO
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The good news is that you have their info. If there wasn't an "accident" between the two of you, how would you have their insurance information? Their car has no damage, yours does.....why else would they voluntarily give you their info? Might as well be an admission of guilt IMO

 

That's my thinking, if you did nothing wrong why would you give it to me.

 

Its a shame i might be screwed because i had more Faith in humanity.

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I would at least consult a lawyer and see if it's worth pursuing. It would be hard for me to let something like this go. I have very little patience for dumbass drivers, and zero patience for some lying POS welcher who takes advantage of your kindness instead of taking accountability for their fuck up.

 

If all else fails, just beat the guy's ass or throw a brick through their window or something. After all, if there's no witnesses, it's just a "he said she said" deal. Sometimes you gotta take karma into your own hands.......

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Yeah, you are screwed. You would likely end up spending more money on a lawyer and taking them to court than you would spend to just fix it, not worth it imo. Also, I agree with Steve. If you would have called to file a report they likely would have admitted it to the police too, or the police could have seen how the cars were sitting and figured it out. Either way, their insurance would have been paying.
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No husband said she just got her license, felt bad so didn't get one. Doing that now though.

 

Insurance states police report wouldn't of mattered as the police didn't witness it. So even if the assigned fault the insurance would of still denied.

 

 

 

Happened right in front of her day care, will go in there tomorrow to see if rhey have cameras.

 

If they have cameras dont bother with small claims go back to the insurance the cameras are the witness. Its shit like this that makes me want to buy a dash cam for my car.

 

As for small claims thats up to you I wouldnt bother personally when I dealt with this in my Jeep I just went with my insurance and they made it all right.

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And yes, I would have called the police right on the spot and filed a report when it happened. Chances are they would've admitted fault in their statement

 

Not always, when I was side swiped the lady admitted fault to me but when the officer got there she changed her story and since it didnt jive with mine he noted it not at fault for both of us since we moved the cars and there was no witness. If it ever happens again I plan on recording the conversation.

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Just got a call from the lady and her husband who ran me off the road, she doesnt want to go to court and wants to settle out of court. meeting them tomorrow evening to discuss settlement.

 

I guess the threatening of court maybe gave them a change of heart. Hope it goes well WOOO!!!!

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No more good faith. Remember that. They technically fucked you once.

 

Sometimes it works out though. Dude creamed my dads brand new outback. Dude paid nearly $6Gs out of pocket to fix it. OSU med student. I think he had some of daddy's foreign money but I think a police report would have really hurt him somehow.

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