How Do I Proceed

[ancythomas]

I reside in CA.

On Dec 23rd I met with an accident.I was waiting in a parkinglot for a parking.I saw one person taking out the car and I waited there.He took out the car and hit my bumper.There was enough space for him to take his car out.I didn't even expect that he will hit me.When I saw him coming towards me I honked him.Meanwhile he already hit me.He didn't even stop the car.He ran away.I went behind him honking and made him stop.He was not ready to give his licence no and insurance no etc.But after a long conversation he gave his phone no and licence no.I claimed this to my insurence.Our insurence filed this claim to his insurance company.They came and inspected my car and gave me an estimate and all.But the person who hit me gave a declaration that he stoped his car while taking out from the parking space and I went and rear ended his car.So his insurance company rejected my claim.They are telling since there is no witness they can not prove this.But this is not happened really.His insurance company is accepting that he gave the declaration that he was backing up.But only thing the adjuster of the other insurance compny is not accepting is that he hit on my car.How can i proceed this.My estimated damage is 500$.I am thinking of presenting this to the small claims court.Is there a chance to win this or just a waste of time? Anyone who can help me please reply.Thanks in advance.

 

[Alex02]

if you can prove that he backed up into your bumper then you have a great chance at winning in small claims.

You can always call the guy up and ask to pay whatever he can out of the $500 and tape the call. That way if he agrees that he hit your car then u can use that as proof to small claims or keep whatever he offers you if anything.

 

[JETX]

Alex02 said:
"You can always call the guy up and ask to pay whatever he can out of the $500 and tape the call. That way if he agrees that he hit your car then u can use that as proof to small claims or keep whatever he offers you if anything."
*** This is stupid and ILLEGAL advice. California is an 'ALL party' state, which means that any recording of phone calls without the permission and consent of ALL parties is illegal!!

"Cal. Penal Code § 631, 632 (Deering 1999): It is a crime in California to intercept or eavesdrop upon any confidential communication, including a telephone call or wire communication, without the consent of all parties.

It is also a crime to disclose information obtained from such an interception. A first offense is punishable by a fine of up to $2,500 and imprisonment for no more than one year. Subsequent offenses carry a maximum fine of $10,000 and jail sentence of up to one year.

Eavesdropping upon or recording a conversation, whether by telephone (including cordless or cellular telephone) or in person, that a person would reasonably expect to be confined to the parties present, carries the same penalty as intercepting telephone or wire communications. Conversations occurring at any public gathering that one should expect to be overheard, including any legislative, judicial or executive proceeding open to the public, are not covered by the law."

So, with that clearly illegal (an illogical) "advice" out of the way:
"Is there a chance to win this or just a waste of time?"
*** Probably a waste of time. You will claim that he hit you, he will claim that you hit him. Since the burden of proof will be on you (as the plaintiff), unless there is something that will convince the court that you were hit, you will likely lose.

One thing that your post did not mention.... what about YOUR insurance company?? Did you file a claim with them??

 

[ancythomas]

Yes I filed claim with my insurence.They are ready to pay me.But I have to pay them a deductable of $500.Which means I am paying 500$ and getting from insurence $500.

 

[stephenk]

give it a shot. maybe he will admit he left the scene of the accident. that might be enough to tip the balance in your favor.

it doesn't make sense if he claims you rearended him and then he flees the scene.