Looking for advice on a small claims issue...
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From: san jo-
Car Info: '05 crystalgrey sti
Looking for advice on a small claims issue...
Haven't been on here since I parted way's with my STI (own a MY10 Forester now)...
Recently ran into an issue I didn't really know how to take care of with a/an **** driver (fill in the blank with your favorite adjective) at a starbucks parking lot. Long story short, my wife was sitting in the car, while I was grabbing drinks parked next to a newer model Red Corolla. Lady that drove it gets to her car and opens her door hard enough into mine that it caused a crease/dent, luckily w/out paint damage. As I walk out of the starbucks, my wife informs me and I try to approach the lady, she denies the whole thing and nearly runs my foot over and proceeds to curse me out. I take out my cellphone to take a picture and she continues to scream obscenities at me saying "go ahead and take a picture..." Through better judgement, I decide not to do anything brash (wife is 7 weeks from giving birth). So I decide to file a police report, only to find out its not considered a crime...so they say go to small claims court or take it up with your insurance. So as the victim, are these my only choices? Is vigilante justice the only way to avoid small claims court? Or do I just say "cest la vie," set my ego aside, and wait for another Suby community dent day?
Thoughts, comments?
Recently ran into an issue I didn't really know how to take care of with a/an **** driver (fill in the blank with your favorite adjective) at a starbucks parking lot. Long story short, my wife was sitting in the car, while I was grabbing drinks parked next to a newer model Red Corolla. Lady that drove it gets to her car and opens her door hard enough into mine that it caused a crease/dent, luckily w/out paint damage. As I walk out of the starbucks, my wife informs me and I try to approach the lady, she denies the whole thing and nearly runs my foot over and proceeds to curse me out. I take out my cellphone to take a picture and she continues to scream obscenities at me saying "go ahead and take a picture..." Through better judgement, I decide not to do anything brash (wife is 7 weeks from giving birth). So I decide to file a police report, only to find out its not considered a crime...so they say go to small claims court or take it up with your insurance. So as the victim, are these my only choices? Is vigilante justice the only way to avoid small claims court? Or do I just say "cest la vie," set my ego aside, and wait for another Suby community dent day?
Thoughts, comments?
Small claims doesn't seem worth it to me for such minor damage.. If the police already denied you a report then an insurance claim would be the only other route. But if shes just going to deny deny deny then it would HAVE to go to small claims for anything to happen through insurance.
Wait for a dent day? :[ (dumb beesh)
Wait for a dent day? :[ (dumb beesh)
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Srry you had to deal with a worthless human being. Working in a customer service job I get to deal with too much.
I guess shrug this one off? Next time you'll know what to do.
Do you have the other person's information at all? Any way to track her down? Are the police willing to provide you with the driver's information based on license plate, etc?
If you have any way to get in contact with her, you might want to write her a demand letter of sorts, providing her with some brief background information, information of the officer that came out to the scene (or that you spoke to), and an estimate of the damages. I would even fill out the small claims court complaint, and enclose it with the letter, letting her know that if you don't hear from her within X number of days, you will have no choice but file the complaint with the court. In fact, I believe as part of the small claims process, you are required to make such a demand before filing. I believe you can file the complaint in a court where either (i) the defendant resides, or (ii) where the accident/damage occurred. It may be that she lives very far from the site of the accident, making it difficult for her to appear/defend herself. This may prompt her to respond, offer to pay for the damages. Of course, there is no guarantee, and you may have no choice but to actually go forward with the claim. The cost to file is minimal, i.e. $30-$75 depending on the amount of the claim, so aside from some time drafting a letter, etc., you don't really have much to lose.
You can get more info re: small claims court here: http://www.courtinfo.ca.gov/selfhelp...ms/scforms.htm
If you have any way to get in contact with her, you might want to write her a demand letter of sorts, providing her with some brief background information, information of the officer that came out to the scene (or that you spoke to), and an estimate of the damages. I would even fill out the small claims court complaint, and enclose it with the letter, letting her know that if you don't hear from her within X number of days, you will have no choice but file the complaint with the court. In fact, I believe as part of the small claims process, you are required to make such a demand before filing. I believe you can file the complaint in a court where either (i) the defendant resides, or (ii) where the accident/damage occurred. It may be that she lives very far from the site of the accident, making it difficult for her to appear/defend herself. This may prompt her to respond, offer to pay for the damages. Of course, there is no guarantee, and you may have no choice but to actually go forward with the claim. The cost to file is minimal, i.e. $30-$75 depending on the amount of the claim, so aside from some time drafting a letter, etc., you don't really have much to lose.
You can get more info re: small claims court here: http://www.courtinfo.ca.gov/selfhelp...ms/scforms.htm
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As they said in Simpsons: The police are there only to hurt you, they are useless to help you.
Seriously, I wish the police would take this kind of matter more seriously. Then people would be more careful in parking lots. Property damage is property damage.
Seriously, I wish the police would take this kind of matter more seriously. Then people would be more careful in parking lots. Property damage is property damage.
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This has happened to me twice; once in Mill Valley and once in Auburn.
Both offenders were older middle/upper class white women driving cars costing many times more than mine.
And both times I inflicted more damage to their cars than they did to mine.
Both offenders were older middle/upper class white women driving cars costing many times more than mine.
And both times I inflicted more damage to their cars than they did to mine.
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Almost forgot about an incident that happened a few weeks ago.
Dip**** blondie driving a BMW runs a stop sign and almost hits my truck.
She's going to the same store that my son & I are headed to, and she assumes that I'm following her.
As she parks her car, Blondie hefts her arm out the car, flips me the bird, and cusses out my son.
So I stopped, got out of the truck, walked up to her POS BMW, and kicked out her tail light.
Dip**** blondie driving a BMW runs a stop sign and almost hits my truck.
She's going to the same store that my son & I are headed to, and she assumes that I'm following her.
As she parks her car, Blondie hefts her arm out the car, flips me the bird, and cusses out my son.
So I stopped, got out of the truck, walked up to her POS BMW, and kicked out her tail light.
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Almost forgot about an incident that happened a few weeks ago.
Dip**** blondie driving a BMW runs a stop sign and almost hits my truck.
She's going to the same store that my son & I are headed to, and she assumes that I'm following her.
As she parks her car, Blondie hefts her arm out the car, flips me the bird, and cusses out my son.
So I stopped, got out of the truck, walked up to her POS BMW, and kicked out her tail light.
Dip**** blondie driving a BMW runs a stop sign and almost hits my truck.
She's going to the same store that my son & I are headed to, and she assumes that I'm following her.
As she parks her car, Blondie hefts her arm out the car, flips me the bird, and cusses out my son.
So I stopped, got out of the truck, walked up to her POS BMW, and kicked out her tail light.
Almost forgot about an incident that happened a few weeks ago.
Dip**** blondie driving a BMW runs a stop sign and almost hits my truck.
She's going to the same store that my son & I are headed to, and she assumes that I'm following her.
As she parks her car, Blondie hefts her arm out the car, flips me the bird, and cusses out my son.
So I stopped, got out of the truck, walked up to her POS BMW, and kicked out her tail light.
Dip**** blondie driving a BMW runs a stop sign and almost hits my truck.
She's going to the same store that my son & I are headed to, and she assumes that I'm following her.
As she parks her car, Blondie hefts her arm out the car, flips me the bird, and cusses out my son.
So I stopped, got out of the truck, walked up to her POS BMW, and kicked out her tail light.
Well, California Vehicle Code §20002, which seems to cover that situation, is titled "Permissible Action Duty Where Property Damaged."
So, is it "permissible" if failure to comply = misdemeanor??? Seems like it's mandatory to me....
(a) The driver of any vehicle involved in an accident resulting only in damage to any property, including vehicles, shall immediately stop the vehicle at the nearest location that will not impede traffic or otherwise jeopardize the safety of other motorists. Moving the vehicle in accordance with this subdivision does not affect the question of fault. The driver shall also immediately do either of the following:
(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties.
(2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.
(b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.
(c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
(1) Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved and, upon locating the driver of any other vehicle involved or the owner or person in charge of any damaged property, upon being requested, present his or her driver's license, and vehicle registration, to the other driver, property owner, or person in charge of that property. The information presented shall include the current residence address of the driver and of the registered owner. If the registered owner of an involved vehicle is present at the scene, he or she shall also, upon request, present his or her driver's license information, if available, or other valid identification to the other involved parties.
(2) Leave in a conspicuous place on the vehicle or other property damaged a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police department of the city wherein the collision occurred or, if the collision occurred in unincorporated territory, the local headquarters of the Department of the California Highway Patrol.
(b) Any person who parks a vehicle which, prior to the vehicle again being driven, becomes a runaway vehicle and is involved in an accident resulting in damage to any property, attended or unattended, shall comply with the requirements of this section relating to notification and reporting and shall, upon conviction thereof, be liable to the penalties of this section for failure to comply with the requirements.
(c) Any person failing to comply with all the requirements of this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.
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