Proving fault in unoccupied vehicle being hit

[jmeblondie3]

My car was hit on the passenger side front fender while parked and unoccupied in my yard. There were no eyewitnesses. I took pictures of evidence possibly confirming she is at fault. There are tire tracks that lead from where my neighbor parks her SUV to where my car was parked when hit. There is damage on her bumper that matches the damage on my car. The paint on my car matches the color of her vehicle. I got an estimate from a body shop for the damage to my car. ($1,610.50) The body shop told me that the paint could be analyzed to show that it matched her's. A police officer told me that even if the paint was analyzed it still wouldnt "legally prove" she hit my car because it is factory paint and there are many other cars of the same make and color as her's. (but not in or near my driveway) How can i prove my neighbor is at fault when she denys hitting my car? Is it possible to somehow get her to pay for my damages to be repaired? Would it be worth trying to sue her? What should i do?

 

[CdwJava]

I'd say give it to your insurance company and let them deal with it. The burden of proof at a civil trial is simply a 'preponderance' of the evidence (which you may well have). The burden of proof for a criminal prosecution is 'beyond a reasonable doubt'. The civil path is easier. Plus, if you let your insurance company deal with it, THEY can spend their money on attorneys to go after the neighbor if they choose.

- Carl

 

[NYDrew]

Sounds like you KNOW who hit your car. Have you confronted your neighbor yet? My car was hit by the person who lives next to where I work, same story. When I confronted them I told them the cost of the repairs and the amount of grease I needed in my palm to keep the police and jail time (for hit and run) out of it. Nothing else, they got the hint.

Worked very very well in my favor....but I also had it on camera.

 

[CdwJava]

In most states, threatening jail time if they don't pay to "grease" your palm is called "extortion" ... a felony.

- carl