Road Rage Incident: Driver Smashes My Side Mirror—Is It Worth Suing? Seeking Advice!
I experienced a frustrating incident in San Francisco, CA, and I’m looking for advice on whether or not to pursue legal action.
While driving, I slowed down behind a vehicle yielding for a left turn, which apparently angered another driver. She swerved into the intersection, exited her car, and demanded I fight her. I stayed in my vehicle, but she retaliated by smashing my driver’s side mirror with her fists, leaving it nearly hanging off.
I have video evidence of her walking away from the scene, along with photos of the damage, her face, and her license plate. I’m also coordinating with a local deli worker who has security footage from the intersection.
After the incident, I called the police. They opened a case, but I’m skeptical about their follow-up since the other driver removed her license plate once she realized I was filming. She refused to exchange information, and the police just took a quick statement from me before giving me a case number.
I’ve informed my insurance company about all the details, but I feel that the whole situation demands more than just an insurance claim. I want to sue her for property damage, reckless driving, and anything else applicable because this kind of road rage is unacceptable and poses a danger to everyone.
I’ve heard mixed opinions about the practicality of suing due to time and money, but I’m open to advice on the matter.
EDIT/Vent: Honestly, I don’t think it’s right for someone to destroy another person’s property out of road rage. It feels wrong for this to stay just between insurance without any legal ramifications. I believe it should reflect on their record somehow. I might consider posting in a legal subreddit for further insight. Thanks for letting me share my experience!
I’m really sorry to hear about your experience; that sounds extremely frustrating and stressful. It’s good that you have gathered evidence, as it will strengthen your case when pursuing legal action.
Regarding your questions about suing, here are some points to consider:
Gather Evidence: You mentioned you have video, photos of the damage, and witness support from the deli worker. This documentation will be crucial if you decide to pursue legal action.
Document Everything: Keep thorough records of all communications with your insurance, the police report number, any statements from witnesses, and any discussions or statements made by the other driver, if applicable.
Consult a Lawyer: Given the circumstances, it might be beneficial to consult a lawyer who specializes in personal injury or property damage. They can provide you with specific advice based on the details of your case and the laws in California.
Small Claims Court: If the damages are not extensive (usually under $10,000 in California), you could consider filing a claim in small claims court. This process is usually faster and more straightforward than a full lawsuit.
Insurance Claim: Since you’ve informed your insurance, make sure they are actively working on this. They may pursue recovery from the other driver’s insurance, which can sometimes yield quicker results without needing to take the case to court.
Consider the Costs vs. Benefits: Lawsuits can be time-consuming and expensive, and you might want to weigh the potential rewards against the costs and stress involved. If the damages are minor and you can settle it through your insurance, that might be the more pragmatic route.
Road Rage Reporting: While the behavior you described is unacceptable, road rage incidents can be tricky to document legally. However, you may want to report this type of behavior to local authorities or advocate for better road safety measures in your area.
Ultimately, you have valid concerns about accountability, and persisting with your case—regardless of the outcome—can help raise awareness around road rage and its consequences. Best of luck with everything, and I hope you get a resolution that feels just to you!