Minor assault with the vehicle

Fernando_L1982

New Member
Jurisdiction
New York
Hello,

I got in a verbal argument with one of the guests at my parents barbecue yesterday. She had a large type of dog, I'm not sure exact breed, but it looks similar in size to Beethoven/Saint Bernard. At some point I told her that she is more than welcome to leave but she threatened me with the dog, pulled it of of the leash, so I had to leave the property. Something was said if you approach any closer you'll have to deal with him. Now I was going to enter the house to get my personal things, but entrance was blocked. I took the threat seriously, because she is a trainer and a breeder of this type of dogs, and called 911. While the cops transferred me from one jurisdiction to another it took a good 10 minutes. As the dogs was put in the back of the station wagon with my parents around I came out and told her that the police are already on the way, and told the owner that she is not going anywhere until police arrive on the scene. I had the phone in my hand after hanging up with the cops, and stood behind her vehicle to block her from backing out. She started backing out hitting me slightly so fell on the asphalt. My phone was shattered, and I was dragged getting some minor scratches, my new sneakers were ripped, iWatch scratched up which was ironic because I usually use protective case, hand was scratched up too, causing bruising. It took a few seconds as my parents saw that I was down they yelled for her to stop.

The cops approached me to ask whats going on, by this time I already forgot about her dog, I pointed at my arm, and her car stating that she tried to run me over while I was blocking her. The officer asked why was I blocking her, I just didn't know what to say, nobody asked why she was fleeing. She dissapeared since my parents didn't witness the threat she thought I called 911 on their friend for no credible reason. They provided the statements to the police that the dog was friendly and I was causing issues. In addition my parents were asking for restraining order, stating emotional instability. At this point my statements were discredited interviewing the dog owner who disappeared with the dog. I was told go home kid and don't make any more trouble. Maybe I look a bit younger, but I'm actually 36 years old, have two kids and a family and make a comfortable living, well I take anti depressants and see therapists.

Meanwhile I calculated that iWatch, the iPhone, brand new sneakers account to substantial material damage. I just got them on Friday. I'm sure if there was anything criminal in my actions cops would have taken me in. The cop handed me basically a blank report... He's looking at my scratched up hand and asking me where I live and work. Asked if this happens often? I asked what he meant? Restraining orders? I glanced at my beaten up apple watch and said, never. "Somehow I believe that you are lying to me, because you paused".

Is there a recourse I can take against the individual who hit me with a car? Insurance company claim?
 
Is there a recourse I can take against the individual who hit me with a car? Insurance company claim?

You may sue her for the damages you suffered in the alleged battery. Her insurance is not likely to pay anything, however, if it was indeed an battery (an intentional act) as policies usually exclude coverage for intentional acts. They cover acts of negligence. If you sue simply claiming she was negligent, which is likely easier to prove anyway, then her insurance would pay if you win.
 
Is there a recourse I can take against the individual who hit me with a car? Insurance company claim?

I agree with Tax Counsel that the best route is the negligence route. But it would be up to her whether or not to get her insurance involved.

Either way, figure up the costs of the damaged items and get your injuries seen to by your doctor so you have a medical bill and a medical record of the injuries. Also take photos of the injuries while they are still visible.

Figure out how much money this is all worth to you. The NY small claims limit is $5000. Then I suggest you send her a demand letter (you can find samples on the internet) and attach a completed, but not filed, small claims complaint form, giving her a deadline date to pay.

Any number of things may happen. You may hear from her insurance company. You might not. I doubt if she will voluntarily pay you but that's a possibility. She might call to negotiate something.

If you don't get paid by the deadline date or her insurance doesn't come across, you file suit. Don't bluff. If you bluff you end up with nothing.
 
and stood behind her vehicle to block her from backing out.

You should not have done this.

Meanwhile I calculated that iWatch, the iPhone, brand new sneakers account to substantial material damage.

You would likely have difficulty holding anyone else responsible for this. You MAY have committed a offense yourself when you tried to prevent her from leaving. You knowingly put yourself and your property at risk.

I'm sure if there was anything criminal in my actions cops would have taken me in.

Not true at all. Police have great discretion in such matters. That they did not act on any criminal offense does not mean you can't pursue damages in small claims if you choose. It may be best for you to let this one go.

Is there a recourse I can take against the individual who hit me

You can attempt, but odds of success are low.
 
You can attempt, but odds of success are low.

I disagree. If the OP can convince the court the other driver did hit him/her, the odds of success I think are reasonably good. That the OP stood in the way of the car does not justify the driver hitting the OP with her car.
 
You MAY have committed a offense yourself when you tried to prevent her from leaving. You knowingly put yourself and your property at risk.

Thank you for the advice. I appreciate the comments. Technically I couldn't prevent anyone from leaving, she was free to exit out of her vehicle and walk away. The car was parked on a private property where alcohol was consumed. If she sped off and hit someone I'd be liable. If you handling aggressive animal, than act accordingly, but demonstrating hostility agitates the dog. In this scenario calling the cops was the most effective way to deescalate.
 
I disagree. If the OP can convince the court the other driver did hit him/her, the odds of success I think are reasonably good. That the OP stood in the way of the car does not justify the driver hitting the OP with her car.
Thank You, I agree, legally you can justify self defense in the presence of imminent danger. Otherwise it's assault with the vehicle.
 
Otherwise it's assault with the vehicle.

No necessarily. The police obviously felt there was no probable cause.

There are some parts of your story that are, well, weird. I can see you not coming across as credible when reporting this.

I'd say that at the very least the police should have prepared an accident report for a motor vehicle collision.
 
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