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Going to court!

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confusedinwv

Guest
My husband and I were parked in a restaurant parking lot when a lady hit our back driver's side fender and bumper with the front passenger side bumper of her 1991 VW Jetta. She scratched it pretty good. We drive a 2000 Chevrolet Silverado and the parts are pretty costly. She got out of her car and apologized, she was a younger girl, my husband and I are too. So, we understood how she felt. We agreed to let her pay for the damage herself. We contacted her the next day and asked if she was going to pay for the damage and she said her father was going to call us and find out what happened. He did and he said to fax him an estimate and he would try to pay for it. We did, we got two estimates and faxed them to him along with a cover sheet explaining why we wanted one body shop to fix our vehicle, it was more expensive, but a better mechanic and he wasn't going to use body filler..the other guy would. After the fax he didn't call us back. We gave it a day or two and called him. He wouldn't answer his phone for a day. We finally got a hold of him and he said he wasn't going to pay for it. We told him we would take him to court and he laughed it off. We filed a police report one week after the accident and we filed the magistrate court application a day after that. The lady that hit us is denying she hit US. She is now saying that we hit her. Is there any way of proving she is lying without witnesses? We have insurance but it is high enough and I will not turn it in on our's. It just wasn't our fault, we were sitting in a parking space. Please give me an answer.
 


ALawyer

Senior Member
This is standard. No surprises. It's your word against hers.

You have to prove both that she caused it and what the damages you sustained were. And that requires witnesses or her written confession. The good news is that you were both vitims and witnesses. You'll have to testify. And present proof of damages. Bring the estatimates you faxed. And tell the court what happened, what she said after the accident, and that you sent the estimates.
 

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