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[emek]

Here is what happened: A lady hit the back of my car during traffic one day. There was minor damage, but still damage but no one was hurt. I called for an officer, and she asked if we could settle it ourselves. She told me she was a real estate agent and she was trustworthy and wouldn't try to not pay or anything crooked and promised to fix my bumper. When the officer got there, he assured me that they do that all the time (settle separately). I got all of her contact information, her business card, and insurance information, as well as info on her vehicle but I forgot to take pictures of the "accident" (it was my first!). I told the officer I'd settle it with her (she seemed trustworthy enough) and he gave me his card in case I had any problems.

A few days later I went to a neutral body shop, got a quote, and emailed it to her. She didn't answer for a few days so I called her and told her the amount it would cost (this is only to replace my bumper and paint it, plus the labor and materials to do so). It was around $780. She assured me that she didn't do $780 worth of damage to my car (and I can see how she thinks that) but I told her that the whole bumper needed to be replaced. Then she proceeded to tell me she would only pay a small percentage because I had damage to my bumper already (I scraped a column in a parking lot on one side). I told her that regardless of if it was damaged before or not, the damage SHE is responsible for is to replace the bumper and repaint it because her grille dug into the plastic of my bumper in 2 places and the whole underside of my bumper is scratched (because her car was a little lower than mine and her bumper went under mine). She said she had a friend who did body work and she wanted me to take it there for a quote. I was cautious of this because I figured since they knew her, they'd give me bad quality materials and do a shoddy job, however, I went for the quote just to calm her down. I might need to add here that I have not asked her to pay ANY of my rental car costs (2 days while my car is in the shop) or anything else. ONLY the cost to fix the bumper. Well this body shop she sent me to (called "Budget" something =X ) quoted a price more than $100 HIGHER than the shop I went to! (called Prestige =] ) So I called her back today to let her know that her friend's place was higher than what I quoted and she sat on the phone silently for about an entire minute which is really long for a phone call! (She gives me the LOOOONG silent pause on the phone when she gets angry). I asked her if she heard what I said and she said, yes I heard. Then she wouldn't say anything else.. she just sat there, silently. I told her that I had to go but when she decided which shop to go with, to let me know and call me back. I get the feeling that she won't be calling back.

In a previous phone call when I first told her the amount it would cost to fix my bumper, she got angry and said " I guess we'll just have to go to court over this!" So today I was researching small claims court fees and it doesn't look like it will cost too much for me to file a lawsuit against her for the amount to fix my car AND rental car costs for 2 days while it is in the shop (just for my trouble!). I'm just wondering if something like this could go either way in a judge's eyes or if it would be clear cut that she owes me the $780+ to fix my car. We have no accident report and no pictures of the accident. I only have photos of the damage now and the quotes I got from the 2 body shops. I also have the officer's card and I was wondering if he might give testimony to say I was not at fault (I called him yesterday to ask if he would write a letter to say I was not at fault for my insurance company, he said no but that he could tell them verbally) I guess this is because he didn't follow protocol in filing a police report.

Anyways, does anyone know what would PROBABLY be the judge's ruling? I have NEVER been in court for something like this (only traffic tickets LOL) but I looked her name up on the system today and she has 12 OPEN COURT CASES right now... all of them are from her filing a lawsuit against someone else. She is clearly educated in the process and I am not. Any advice?

[ezri]

Never trust a real estate agent. Most bumpers are fiberglass now, so you have to replace the whole thing. They usually cost between $800 - $1000.

Based on your additional comment, we now KNOW you're a b!+ch. You will probably win though.

[symington]

File the claim with her insurance company...do NOT work directly with her.

[gillian59]

as long as you have the officers number and all her information you should be able to win since he was there on the accident and has the information filed that she hit you. i would definetaly go to court for this though cause it seems as if she is going to hold it off and try and put the blame on you.

[bothan]

as long as you have the officers number and all her information you should be able to win since he was there on the accident and has the information filed that she hit you. i would definetaly go to court for this though cause it seems as if she is going to hold it off and try and put the blame on you.

Get a lawyer. he is a con, but you can't use the fact she has open court cases against her. I don't think the judge will allow it. You had better hope the policeman is able to make it and testify.

[gervaso81]

When somebody hits the back of your car, no matter what, it is 100% their fault. Take her to court, she has absolutely no chance of winning, as long as you come prepared. Call the police that gave you his card and have him fill out a police report stating that this woman was, in fact, the one who hit you and that he was called to the scene. Bring the quotes from both autobody shops and the judge with simply order her to pay it, and might even order her to pay for your rental car as well.
This woman has no chance of winning- she is 100% liable.