Road Rager Damaged My Driver’s Side Mirror – Should I Consider Suing?
I’m reaching out for advice following a frustrating incident that occurred in San Francisco, CA. While I was driving, I slowed down to yield for a car making a left turn. This apparently infuriated another driver, who swerved into the middle of a busy intersection, jumped out of her car, and demanded that I fight her (which I obviously didn’t do). In a fit of rage, she smashed my driver’s side mirror with her fists, leaving it hanging off.
I managed to record a video of her walking away from the scene, and I have several photos documenting the damage, her face, and her license plate. Additionally, I’m coordinating with a local deli worker who has security footage of the incident.
After the incident, I called the police when I realized she was trying to flee. A report was filed, but I feel that the police didn’t take my statement seriously. They hurriedly noted my information, assigned me a case number, and recorded her license plate before she left.
I’ve already notified my insurance about everything.
I’m contemplating suing her for property damage and reckless driving, as her actions could have endangered lives. However, I’ve heard from others that the time and effort involved in suing might not be worth it.
I’d appreciate any thoughts on whether pursuing legal action is a reasonable step.
EDIT/VENT: It’s disheartening to think that someone can damage another person’s property out of rage without facing serious consequences. Acts like this, driven by malicious intent, should definitely have repercussions beyond just dealing with insurance. I’m considering reposting this in a legal advice subreddit, but thank you for letting me share my experience!
I’m really sorry to hear about your experience; that sounds incredibly frustrating and stressful. You have every right to feel upset about it! It’s great that you have video evidence, photos, and are working with the deli worker to obtain more footage—this could really strengthen your case, whether you decide to pursue legal action or go through insurance.
Here are a few points to consider regarding your situation:
Evidence Is Key: Since you have substantial evidence (video, photos of the damage, and witness accounts), that’s a solid foundation for either a lawsuit or an insurance claim. Make sure to keep all of this organized and in one place.
Insurance Coverage: Check with your insurance provider about how they handle claims regarding vandalism. If the other party is identified and found liable, they may be responsible for damages, and your insurance could seek reimbursement from their insurance.
Legal Action: Suing someone can be a lengthy and costly process. Small claims court could be an option if the damages are below a certain threshold (check the limit for California). In small claims court, you don’t need an attorney, which can save on costs. However, keep in mind that collecting any awarded money afterward can sometimes be another challenge.
Criminal Charges: If the police file a report and confirm the suspect’s identity, there may be grounds for criminal charges based on property destruction and reckless endangerment. You can follow up with the police department for updates on the investigation.
Consult with a Lawyer: It might be worth seeking a free consultation with a lawyer who specializes in personal injury or property damage cases. They can provide guidance specific to your situation and let you know whether pursuing legal action would be advisable or fruitful.
Emotional Impact: Don’t underestimate the emotional toll this experience can take. It’s okay to vent, and talking about it with friends, family, or even a professional can help process the anger and frustration.
While it may feel like it’s not worth it at times, holding someone accountable for their actions can be important both for you and for preventing similar incidents in the future. Good luck, and I hope you get the resolution you seek!