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- [Judge Judy] He struck your car?
- Yes, Your Honor.
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You said you would pay
for the damage to her car?
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Can I speak on that?
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I was trying not to...
make things worse.
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You agreed to pay
to have the car fixed.
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I was trying to be reasonable.
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I don't care what it was.
Nobody put a gun to your head.
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[Announcer]
This is Judy Justice.
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{\an8}[♪ opening theme music plays]
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{\an8}Melissa Baker is suing
fellow motorist Jesus Escobar
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{\an8}for car damage after an accident.
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[Kevin] Court come to order.
All rise.
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Have a seat, please.
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Hello, Judge.
Case 2159, Baker versus Escobar.
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- Thank you.
- You're welcome.
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This case involves an automobile accident.
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Ms. Baker, you are seeking
$10,000 from Mr. Escobar,
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who you claim caused the accident,
and you a lot of grief.
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The accident happened on what date?
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{\an8}It happened on May the 18th, 2021.
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[Judge Judy]
Was your car insured at the time?
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- Yes.
- Yes.
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- And your car was insured at the time?
- Yes.
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Great. I don't want you to get into
the specifics of the accident just yet.
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What I'd like you to tell me was,
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prior to May 18th,
who were you working for?
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- ...Brand Lighting.
- What were you doing for them?
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Uh, drove a forklift.
I load and unload trailers.
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How long had you worked for them?
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- About a year and a half.
- Prior to that, where did you work?
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{\an8}- I think it was distribution.
- From when to when?
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{\an8}Um, I worked for them
for about four years.
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{\an8}Prior to that, were you constantly
employed, or were you on disability?
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No, I was constantly employed.
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- Mmm?
- I was constantly employed.
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OK. Prior to working for the place
where you had been working in May,
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were you ever on
any sort of disability?
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- Yeah, I, I...
- From when to when?
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May the 19th, I applied for disability,
because I went to the doctor...
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[Judge Judy]
No. [shushing]
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I'm not talking about it
as a result of this accident, Ms. Baker,
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I'm asking you, were you ever
on disability before this accident?
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- No.
- You were injured before this accident.
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- You had a back injury.
- Yes.
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Before this accident?
When did that take place?
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That happened in 1999.
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And what happened in 1999?
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We, uh, opened up the pick module,
and the supervisors was there,
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and, uh, we was walking them
to show them
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the, the new opening of it,
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and the floors was made out of,
uh, gates,
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but the gates
wasn't pushed together,
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and so my foot slipped down
between them,
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my back slammed into one
of the steel beams.
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And were you out
on any sort of a disability after 1999?
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- Yes, ma'am.
- From when to when?
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Well, I was out on disability with that,
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- and I was out for two years.
- I'm talking about...
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[Melissa]
Yeah, for, I was out for two years.
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{\an8}- In 1999?
- Mm-hmm.
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{\an8}- How long were you out on disability?
- I was out for two years.
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{\an8}And the nature
of your disability was the back injury?
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- Yes, ma'am.
- So you went back to work in 2001?
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Yes, ma'am.
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- For whom?
- Hospital.
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- What were you doing there?
- I was a supervisor in the storeroom.
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- How long were you working there?
- I worked for three years.
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After 2001, was there ever
a period of time
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that you went back on disability?
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I'm trying to think. Yes.
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And from what year to what year?
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I want to say it was, like, 2005?
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My thumb got amputated
off of my hand at work.
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And how long were you out on disability?
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- A year and a half.
- After that?
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I think that's,
that's it for the disability.
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I went to work after that.
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This accident occurred
on May 18, 2021.
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After May 18, 2021,
did you go on disability?
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- Yes.
- From when to when?
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Um, from May of 2021
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to August of 2022.
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And the nature of your disability
on all three occasions
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was injury to your back?
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{\an8}No. One of them was when my hand,
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{\an8}my thumb, got amputated
off of my right hand.
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Did you have any surgery
on your back, ever?
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- No, ma'am.
- And you received disability
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from May of 2021 to August of 2022,
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in what amount?
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I think it was one thousand, six hun--
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uh, it was one thousand, one hundred
and sixty dollars every two weeks.
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So, about $2,200 a month?
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Yes.
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And what happened
in August of 2022?
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Uh, benefits was exonerated.
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- Ceased.
- [Melissa] Yes.
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And you went back to work?
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No. I have not been back to work.
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How are you supporting yourself now?
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I've just applied for, uh,
unemployment right now,
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to try to help me
with my bills and my rent,
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'cause, um, I'm behind
in, um, everything.
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May 2021, what was the date
of the accident?
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May 18th, 2021.
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According to your complaint,
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you were traveling
in the right lane of a highway.
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The defendant
was traveling in the middle lane?
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- Correct.
- And he veered off
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into your lane in order to make
a right turn, struck your car?
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- Yes, Your Honor.
- OK.
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He says not true, his response says
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that he was in the middle lane,
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he was going into the right lane,
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{\an8}and you sped up
and wouldn't let him in.
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{\an8}- Is that what your defense is?
- Correct, yeah.
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{\an8}And your cars collided?
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- Or she hit you?
- Correct, Your Honor.
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- OK.
- That is not true.
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And the damage to your car,
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which was the red car,
was where?
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[Melissa] He caught me
from the, when I swerved,
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so he caught me from the side,
and he slid up to the, to the bumper.
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So, he hit the bumper right there
in that, that part of it...
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- Do you have photographs?
- I do, I have photographs, Your Honor.
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I'd like to take a look
at the photographs, please.
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So, may I explain to you
what happened, Your Honor?
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- With what?
- [Melissa] May I explain to you
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how the incident occurred?
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{\an8}[♪ dramatic music plays]
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When did you get these estimates?
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Oh, I just went to go
get those estimates yesterday.
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I talked to them on the phone
before then.
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No, I don't care whether you talked
to them on the phone,
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these estimates say you just got them
within the last couple of days.
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- [Melissa] Yeah, no...
- This accident happened a year ago.
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{\an8}[♪ dramatic music plays]
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{\an8}[Announcer] Melissa Baker
claims fellow motorist
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{\an8}Jesus Escobar damaged her vehicle
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{\an8}while changing lanes.
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- Well, this was your car?
- Yes, that's my car.
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And this is the passenger front panel.
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{\an8}When he hit me, the bumper was hanging,
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{\an8}and so then, I had to pull it off,
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'cause it was dragging the ground.
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I couldn't drive my car like that,
so I ended up pulling the whole thing off.
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And so that's how come
you see that damage
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on the other side of the car, too.
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Do you have pictures of your car, sir?
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- Yes.
- I'd like to see them.
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Anybody have a police report?
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I have a, uh, over-the-counter report,
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- 'cause once the, once...
- No, no.
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I just asked if anybody
has a police report of this accident.
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I do.
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I'd like to take a look at it.
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Where did you get this from?
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I went to the police department
the next day
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and did an over-the-counter report,
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because he asked me
not to call the police at the scene.
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Just a second.
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My question to you
is where did you get this from,
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to make a picture of it?
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{\an8}Oh, I had took a picture of it
with my phone,
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{\an8}and emailed it to my attorneys.
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{\an8}And so, when they sent me
a, a collective packet,
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{\an8}that's how they sent it back to me.
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Did either one of you receive
a citation or a ticket
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as a result of this accident?
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- [Melissa] No, Your Honor.
- No, Your Honor.
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- Were the police called?
- [Melissa] No, Your Honor.
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- Why not?
- Uh, Mr. Escobar,
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when he got out the car,
he asked me if I was okay,
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and he asked me
to not to call the police,
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{\an8}because he's a truck driver,
and he did not want that point
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{\an8}on his driver's license.
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He also asked for me to pull over
to the side of the road,
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over on Fourth Street,
so that we wouldn't be blocking
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the intersection and the traffic.
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- Well, that's a good idea.
- [Melissa] Mm-hmm.
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I took a picture
of his, uh, insurance information.
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You remember
that conversation, Mr. Escobar?
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- Yes, Your Honor.
- OK.
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And, so, you said you would pay
for the damage to her car?
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- I offered, I was trying to be...
- Just a second.
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- You said, I...
- Yes.
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Well, that's a "yes."
That sounds reasonable.
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You said, "I'll pay for the damage.
Don't call the police.
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I don't want this to be
on my license.
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I'll pay for the damage."
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- Correct.
- Right?
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There's more to it, but hopefully,
I could have a chance
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to, um, uh, tell you
what my side of the story is.
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- But yes, I...
- No.
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- I, I passed your side of the story.
- [Jesus] OK.
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Now, I have an accident.
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You say one thing, she says another.
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We're moving on to the next issue.
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The next issue is, she says,
and you acknowledge,
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that you told her,
"Please don't call the police.
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- I'll pay for the damage."
- [Jesus] Correct.
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[Judge Judy] "I don't want
to go through my insurance."
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- Yes.
- OK.
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- So you agreed to pay for her damage?
- Yes.
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Do you have an estimate
for your damage?
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Yes, I do, Your Honor.
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I'd like to take a look at it.
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Well, I actually have
two, uh, different estimates.
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Did you ever have the car fixed?
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- No.
- OK.
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Thank you.
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What kind of car is this and what year?
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[Melissa]
It's a 2012 Kia Optima.
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- And you own that outright?
- Yes.
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When did you get these estimates?
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{\an8}Oh, I just went to go get
those estimates yesterday.
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{\an8}I talked to them on the phone before then.
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No, I don't care whether you talked
to them on the phone.
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These estimates say you just got them
within the last couple of days.
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- This accident happened a year ago.
- [Melissa] Yes.
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So, I called some people to get
some estimates,
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and they gave me some, they gave me
some estimates over the phone,
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and so I called Mr. Escobar,
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and I told him what the estimates were.
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No, no,
listen to me carefully.
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What you just gave me
were estimates that you got two days ago,
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which is a year and a half
after this accident.
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- Right, well...
- OK. I want to know
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where the estimate is for $1,700.
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That's the estimate
that you called him with
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- the next day after the accident.
- [Melissa] No, yeah.
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The next day after the accident,
you called him and said,
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"It will cost me $1,700 to fix it."
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These say 4,600.
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00:09:54,867 --> 00:09:57,233
Just show me the estimate for 1,700.
236
00:09:57,233 --> 00:09:59,300
[Melissa] These are from his,
these are from his,
237
00:09:59,300 --> 00:10:01,800
uh... that's from his insurance company.
238
00:10:01,800 --> 00:10:04,033
Actually, I called him to give him
the estimates
239
00:10:04,033 --> 00:10:06,967
of the people that I talked to
on the phone, he didn't respond to me.
240
00:10:06,967 --> 00:10:09,533
Listen to me carefully, madam,
I'm reading from your complaint.
241
00:10:09,533 --> 00:10:11,734
- [Melissa] Mm-hmm.
- "I took my car in
242
00:10:11,734 --> 00:10:13,333
- "for an estimate...
- Yes.
243
00:10:13,333 --> 00:10:16,767
"...the next day,
and I texted him the amount.
244
00:10:16,767 --> 00:10:19,834
He said that he did not have $1,700
245
00:10:19,834 --> 00:10:22,233
and he asked if I could wait for a month."
246
00:10:22,233 --> 00:10:23,867
- [Melissa] Mm-hmm.
- "I needed to get my car fixed
247
00:10:23,867 --> 00:10:27,700
before then, and he suggested
that we go through insurance after all."
248
00:10:27,700 --> 00:10:30,800
- You took your car in, according to you.
- Yes.
249
00:10:30,800 --> 00:10:32,600
You got an estimate for $1,700.
250
00:10:32,600 --> 00:10:34,567
- OK, I did get it in writing...
- OK!
251
00:10:34,567 --> 00:10:37,166
You got an estimate for $1,700.
252
00:10:37,166 --> 00:10:39,200
He said, "I can't get you
the money right away,"
253
00:10:39,200 --> 00:10:41,300
- so you went through insurance.
- Correct.
254
00:10:41,300 --> 00:10:44,200
OK, so all of a sudden,
it doesn't grow into $4,600.
255
00:10:44,200 --> 00:10:46,266
- Well, this... may I?
- Yeah.
256
00:10:46,266 --> 00:10:50,900
OK. So, um, the man gave me
the estimate for the $1,700,
257
00:10:50,900 --> 00:10:52,934
but what he did inform me was that...
258
00:10:52,934 --> 00:10:54,934
No, you can't tell me
what he informed you, madam.
259
00:10:54,934 --> 00:10:56,567
- [Melissa] Well, basically.
- Not basically.
260
00:10:56,567 --> 00:10:59,867
Well, can I tell you what these people,
can I tell you what these people said?
261
00:10:59,867 --> 00:11:02,100
No. You can't tell me
what those people said, either.
262
00:11:02,100 --> 00:11:06,467
Well, I was trying to explain to you
why it went to $4,300, but it's...
263
00:11:06,467 --> 00:11:08,700
It's not going for $4,300.
264
00:11:08,700 --> 00:11:12,800
The initial cost to fix your car
was $1,700.
265
00:11:12,800 --> 00:11:16,767
You, as a matter of fact,
accepted a check
266
00:11:16,767 --> 00:11:20,400
from his insurance company
for $1,300.
267
00:11:20,400 --> 00:11:21,967
- I asked my attorney...
- Just a second.
268
00:11:21,967 --> 00:11:24,934
- I'm sorry.
- You accepted a check
269
00:11:24,934 --> 00:11:28,500
from his insurance company for $1,300,
270
00:11:28,500 --> 00:11:30,667
and according to you,
they canceled the check.
271
00:11:30,667 --> 00:11:34,133
{\an8}OK? And I'll see the letter why they,
why they canceled the check.
272
00:11:34,133 --> 00:11:35,200
[Melissa]
OK.
273
00:11:35,200 --> 00:11:36,667
OK.
274
00:11:36,667 --> 00:11:38,533
And when you accepted the check,
275
00:11:38,533 --> 00:11:40,767
you signed a general release
276
00:11:40,767 --> 00:11:43,166
because the insurance company
doesn't send a check
277
00:11:43,166 --> 00:11:45,100
unless you sign a general release
278
00:11:45,100 --> 00:11:48,900
for anything and everything
surrounding the accident
279
00:11:48,900 --> 00:11:50,767
that took place on May 18th.
280
00:11:51,900 --> 00:11:53,133
That's what you signed.
281
00:11:53,133 --> 00:11:56,133
When you accept a check
from an insurance company
282
00:11:56,133 --> 00:11:58,467
with regard to an accident,
that's what you sign.
283
00:11:58,467 --> 00:12:01,667
I, I had no clue as to what it was,
you know, uh, Your Honor,
284
00:12:01,667 --> 00:12:04,533
I referred to my attorney
to ask them what I should do,
285
00:12:04,533 --> 00:12:05,600
- and that's what they advised me to do.
- Now, just a second.
286
00:12:05,600 --> 00:12:08,166
Just a second. That's hearsay.
287
00:12:08,166 --> 00:12:10,266
Do you understand? That's hearsay.
288
00:12:10,266 --> 00:12:12,033
You can't tell me that.
289
00:12:12,033 --> 00:12:14,834
There is no attorney that would say,
"Sign a release,
290
00:12:14,834 --> 00:12:17,033
and then we'll go on from there."
291
00:12:17,033 --> 00:12:19,033
You don't sign it. OK.
292
00:12:19,033 --> 00:12:21,333
You no longer have that attorney, correct?
293
00:12:21,333 --> 00:12:23,734
- No.
- The attorney said goodbye.
294
00:12:23,734 --> 00:12:25,934
Now, after this accident,
295
00:12:25,934 --> 00:12:28,033
which happened on May 18th,
296
00:12:28,033 --> 00:12:31,867
when was the first time you saw a doctor?
297
00:12:31,867 --> 00:12:33,934
- The very next day.
- Let me see.
298
00:12:33,934 --> 00:12:35,233
[Melissa]
Here's all my doctor's notes.
299
00:12:35,233 --> 00:12:38,667
- Let me just see from the next day.
- OK.
300
00:12:42,934 --> 00:12:45,834
It says, "Patient is disabled as a result
of chronic back pain
301
00:12:45,834 --> 00:12:50,700
that affects her mobility and inability
to perform work as required."
302
00:12:50,700 --> 00:12:53,133
Right?
And now you work for whom?
303
00:12:53,133 --> 00:12:55,467
...Brand Lighting.
This is also the report...
304
00:12:55,467 --> 00:12:58,033
Just a second, what do you do
for ...Brand Lighting?
305
00:12:58,033 --> 00:13:00,533
Oh, I drive a stand-up reach machine.
306
00:13:00,533 --> 00:13:03,233
So I have to get on and off,
and I also drive a forklift,
307
00:13:03,233 --> 00:13:05,867
so then, a forklift, I have to climb
up and down it to get on and off.
308
00:13:05,867 --> 00:13:07,734
I got it. Mm-hmm.
309
00:13:07,734 --> 00:13:11,266
Mr. Escobar, you agreed to pay
the damage to the car?
310
00:13:11,266 --> 00:13:13,433
- Correct?
- Yes. Um...
311
00:13:13,433 --> 00:13:17,300
- Can I speak on that?
- I'd like to hear your excuse.
312
00:13:17,300 --> 00:13:19,133
{\an8}[♪ dramatic music plays]
313
00:13:19,133 --> 00:13:24,100
[Judy Justice] You did not present to me
anything with a medical write-up
314
00:13:24,100 --> 00:13:27,500
that suggests at all that this accident
315
00:13:27,500 --> 00:13:30,734
caused you to lose anything.
316
00:13:35,667 --> 00:13:38,233
{\an8}[♪ dramatic music plays]
317
00:13:42,333 --> 00:13:47,400
{\an8}[Announcer] Melissa Baker has accused
fellow motorist Jesus Escobar
318
00:13:47,400 --> 00:13:50,367
{\an8}of hitting her vehicle
while changing lanes.
319
00:13:50,367 --> 00:13:53,367
Mr. Escobar, you agreed
320
00:13:53,367 --> 00:13:55,433
to pay the damage to the car.
321
00:13:55,433 --> 00:13:56,867
- Correct.
- Correct?
322
00:13:56,867 --> 00:13:59,300
Yes. Um...
Can I speak on that?
323
00:13:59,300 --> 00:14:01,667
{\an8}I'd like to hear your excuse.
324
00:14:01,667 --> 00:14:06,066
{\an8}OK, at this point, at the time
of the accident, which was...
325
00:14:06,066 --> 00:14:09,400
date of loss, May 14th, 2021.
326
00:14:09,400 --> 00:14:11,867
- May 18th or May 14th?
- 14th.
327
00:14:11,867 --> 00:14:14,734
- May 14th?
- May I see it?
328
00:14:15,633 --> 00:14:17,000
That's not true.
329
00:14:17,000 --> 00:14:18,934
[Jesus]
It says "date of loss."
330
00:14:23,567 --> 00:14:26,333
- Uhh...
- Shh!
331
00:14:26,333 --> 00:14:28,467
OK. So, this insurance company
332
00:14:28,467 --> 00:14:31,500
found that there is
a comparative negligence statute
333
00:14:31,500 --> 00:14:34,533
in California, which means,
to the layperson,
334
00:14:34,533 --> 00:14:36,867
that they will look at an accident,
and they'll say,
335
00:14:36,867 --> 00:14:41,567
"Well, it's not 100 percent his fault,
or not 100 percent your fault,"
336
00:14:41,567 --> 00:14:43,333
but they looked at the accident,
and they said,
337
00:14:43,333 --> 00:14:45,467
"Our insured," that would be you,
338
00:14:45,467 --> 00:14:48,834
is 75 percent responsible
for this accident."
339
00:14:48,834 --> 00:14:53,100
And they found, which is
not dispositive for me,
340
00:14:53,100 --> 00:14:56,834
that you were 25 percent responsible
for the accident.
341
00:14:56,834 --> 00:15:00,400
{\an8}- You agreed to pay to have the car fixed.
- Yes.
342
00:15:00,400 --> 00:15:01,700
{\an8}That's the bottom line.
343
00:15:01,700 --> 00:15:03,133
Can I explain, though, why?
344
00:15:03,133 --> 00:15:06,066
Go ahead, you can explain all you like,
but you agreed to have the car fixed.
345
00:15:06,066 --> 00:15:08,367
I was trying to be reasonable,
346
00:15:08,367 --> 00:15:11,867
due to the fact that I was a truck driver.
347
00:15:11,867 --> 00:15:14,033
- Mm-hmm.
- [Jesus] I'm on for three weeks,
348
00:15:14,033 --> 00:15:16,400
come home a day or half a day,
349
00:15:16,400 --> 00:15:18,200
and then I'm on for another three weeks.
350
00:15:18,200 --> 00:15:20,900
I was trying not to go to court,
351
00:15:20,900 --> 00:15:24,166
I was trying not to...
make things worse...
352
00:15:24,166 --> 00:15:26,333
And you agreed to pay
to have the car fixed.
353
00:15:26,333 --> 00:15:27,667
[Jesus]
I, I agreed to pay...
354
00:15:27,667 --> 00:15:29,367
I don't care what it was,
nobody put a gun to your head.
355
00:15:29,367 --> 00:15:30,600
- [Jesus] No.
- You know?
356
00:15:30,600 --> 00:15:32,834
Nobody put you under a cattle,
what was it, that thing...
357
00:15:32,834 --> 00:15:35,433
- I have no idea.
- ...in Yellowstone, where they...
358
00:15:35,433 --> 00:15:37,200
I know. I know what you're talking about,
I don't know what it's,
359
00:15:37,200 --> 00:15:39,867
- A cattle guard.
- Cattle guard?
360
00:15:39,867 --> 00:15:42,600
- Nobody hit you with a cattle guard.
- [Jesus chuckles]
361
00:15:42,600 --> 00:15:44,200
You said,
"Don't call your insurance,
362
00:15:44,200 --> 00:15:45,734
I will pay for the damage."
363
00:15:45,734 --> 00:15:46,800
So, you gotta pay for the damage.
364
00:15:46,800 --> 00:15:49,100
And evidently,
it hasn't bothered you enough,
365
00:15:49,100 --> 00:15:50,433
because you haven't had the car fixed.
366
00:15:50,433 --> 00:15:52,467
- Do you still own the car?
- Yes, ma'am.
367
00:15:52,467 --> 00:15:54,633
OK. Well, you have to fix it for $1,700.
368
00:15:54,633 --> 00:15:57,600
Now, you have
no medical people here, do you?
369
00:15:57,600 --> 00:15:59,200
- No. There are no witnesses over there?
- No.
370
00:15:59,200 --> 00:16:01,600
You've had a longstanding back problem.
371
00:16:01,600 --> 00:16:03,767
Went to a chiropractor,
you went to a lawyer,
372
00:16:03,767 --> 00:16:06,567
on and off disability
because of your back problem.
373
00:16:06,567 --> 00:16:09,367
And you did not present to me
374
00:16:09,367 --> 00:16:12,500
anything with a medical write-up
375
00:16:12,500 --> 00:16:14,333
that suggests at all
376
00:16:14,333 --> 00:16:19,233
that this accident caused you
to lose anything.
377
00:16:20,567 --> 00:16:23,233
And if you have it,
I'll be more than happy to look at it.
378
00:16:23,233 --> 00:16:26,433
[Melissa] OK. Uh, my attorney's
highlighted that part right there.
379
00:16:30,100 --> 00:16:31,200
I just looked at this.
380
00:16:31,200 --> 00:16:33,800
I'm sorry, I must've gave you
the wrong thing, OK.
381
00:16:33,800 --> 00:16:35,400
Well, do you have the right thing?
382
00:16:35,400 --> 00:16:38,100
I thought it was talking about
the acute back pain.
383
00:16:38,100 --> 00:16:39,700
No, it's...
I don't...
384
00:16:39,700 --> 00:16:42,100
Not that I don't care
about your acute back pain.
385
00:16:42,100 --> 00:16:43,166
- [chuckling]
- But since you don't...
386
00:16:43,166 --> 00:16:46,600
- ...have an expert here to testify...
- It's not gonna do any good.
387
00:16:46,600 --> 00:16:48,633
...that that back pain
was a result of this accident,
388
00:16:48,633 --> 00:16:52,100
and the pro forma thing
that you gave me, your check-off,
389
00:16:52,100 --> 00:16:54,734
"patient has chronic back pain,"
doesn't do it for me.
390
00:16:54,734 --> 00:16:57,433
So, unless I have a write-up
from a hospital,
391
00:16:57,433 --> 00:16:59,834
from a medical facility
that this accident,
392
00:16:59,834 --> 00:17:01,867
that happened, he says on the 14th,
393
00:17:01,867 --> 00:17:03,500
you say it happened on the 18th.
394
00:17:03,500 --> 00:17:04,934
It happened on the 18th, ma'am.
395
00:17:04,934 --> 00:17:07,033
- It happened on the 18th?
- Yes. Yes, Your Honor.
396
00:17:07,033 --> 00:17:08,800
Ohh...
397
00:17:10,467 --> 00:17:12,266
I'm sorry, I've had this...
398
00:17:12,266 --> 00:17:13,834
Oh, here it is.
399
00:17:25,900 --> 00:17:28,367
- OK. Doesn't do it.
- OK.
400
00:17:28,967 --> 00:17:30,900
Doesn't do it.
He's gotta pay to have your car fixed.
401
00:17:30,900 --> 00:17:33,834
$1,700. We're finished here.
Judgment for the plaintiff.
402
00:17:33,834 --> 00:17:35,667
- Thank you, Your Honor.
- [Kevin] This court is adjourned.
403
00:17:35,667 --> 00:17:38,433
I'm satisfied. I'm just glad
that the whole thing is over with.
404
00:17:38,433 --> 00:17:42,066
Well, I'm just glad that, uh,
this is finally over. [chuckles]
405
00:17:42,066 --> 00:17:45,467
It's been a year and a half, almost,
and my car is still damaged.
406
00:17:45,467 --> 00:17:47,266
Pretty much, yes,
I was in the middle lane,
407
00:17:47,266 --> 00:17:48,500
trying to make a right.
408
00:17:48,500 --> 00:17:50,700
The guy fabricated a lot
of that stuff,
409
00:17:50,700 --> 00:17:52,033
but I just really want
to be done with this.
410
00:17:52,033 --> 00:17:55,333
She got road rage
and speed her car up and hit me.
411
00:17:55,333 --> 00:17:57,400
Well, he just apologized a whole lot.
412
00:17:57,400 --> 00:17:59,200
He was feeling really good
when he was driving,
413
00:17:59,200 --> 00:18:01,767
he was revving his engine a little bit,
'cause he has a Charger,
414
00:18:01,767 --> 00:18:04,533
music was blaring loud,
he wasn't paying attention.
415
00:18:04,533 --> 00:18:06,734
I don't how I could cut someone off,
416
00:18:06,734 --> 00:18:08,800
and the person that,
and the person I'm cutting off
417
00:18:08,800 --> 00:18:10,600
ends up, ends up in front of me.
418
00:18:10,600 --> 00:18:13,700
I was going about my merry way,
and I seen him coming towards me
419
00:18:13,700 --> 00:18:15,767
through my, from my peripheral vision.
420
00:18:15,767 --> 00:18:17,433
How is that, how is that possible?
421
00:18:17,433 --> 00:18:20,333
I feel sorry now that I even,
didn't even call the police
422
00:18:20,333 --> 00:18:22,200
and have them come out there
to the scene.
423
00:18:22,200 --> 00:18:24,867
I know it's a Covid time,
people was having a hard time
424
00:18:24,867 --> 00:18:26,734
with, you know, making their money
on their jobs and stuff.
425
00:18:26,734 --> 00:18:28,433
When the guy asked me
not to call the police,
426
00:18:28,433 --> 00:18:30,734
I wasn't giving him a hard time,
but then, look what he did.
427
00:18:30,734 --> 00:18:32,867
- Accidents happen.
- Be careful out there.
428
00:18:34,100 --> 00:18:36,533
I think this is a good lesson for people
like the defendant,
429
00:18:36,533 --> 00:18:38,834
who, for whatever reason,
he was a truck driver
430
00:18:38,834 --> 00:18:41,233
and didn't want, maybe,
the points on his license,
431
00:18:41,233 --> 00:18:44,100
or even the hint of a car accident
to be on his record,
432
00:18:44,100 --> 00:18:45,333
if that's his business.
433
00:18:45,333 --> 00:18:47,567
However, I think it could have saved him,
434
00:18:47,567 --> 00:18:49,533
from, number one,
making a gratuitous promise
435
00:18:49,533 --> 00:18:52,166
to pay for the damages to her vehicle,
436
00:18:52,166 --> 00:18:53,734
which he might not have had to,
437
00:18:53,734 --> 00:18:56,100
had a police officer come out
and made a report,
438
00:18:56,100 --> 00:18:58,200
and maybe they would've
found him less at fault
439
00:18:58,200 --> 00:18:59,934
than his own insurance company.
440
00:19:00,066 --> 00:19:03,600
And then he wouldn't have been
so quick to offer to pay for the damages,
441
00:19:03,600 --> 00:19:07,133
or... conversely, the plaintiff
may not have mentioned anything
442
00:19:07,133 --> 00:19:09,767
about any back pain,
and if today was the first time
443
00:19:09,767 --> 00:19:11,000
she was gonna bring it up,
444
00:19:11,000 --> 00:19:13,133
I'm sure you wouldn't
have offered her anything.
445
00:19:13,133 --> 00:19:14,700
Well, she didn't bring it up.
446
00:19:14,700 --> 00:19:17,467
She's had chronic back pain
now for 22 years.
447
00:19:17,467 --> 00:19:19,400
- Of course.
- Her allegation is
448
00:19:19,400 --> 00:19:23,433
that this accident exacerbated
that back pain
449
00:19:23,433 --> 00:19:25,300
that she's had for 20 years.
450
00:19:25,300 --> 00:19:29,200
Then, you have to come in
with a medical team,
451
00:19:29,200 --> 00:19:32,567
to talk about what the nature
of her injury was before,
452
00:19:32,567 --> 00:19:35,734
how it was changed a result
of this accident.
453
00:19:35,734 --> 00:19:40,300
Without that, a pro forma note
that says so-and-so has chronic back pain
454
00:19:40,300 --> 00:19:44,133
and she can't work,
is not a reason to award you $10,000
455
00:19:44,133 --> 00:19:46,200
for personal injury.
456
00:19:46,200 --> 00:19:49,233
I think it's a good lesson that the police
get called to the scene of an accident...
457
00:19:49,233 --> 00:19:50,300
- For a reason.
- ...for a reason.
458
00:19:50,300 --> 00:19:53,867
And although you may be concerned
with other consequences of calling them,
459
00:19:53,867 --> 00:19:55,567
sometimes it's just the right thing to do.
460
00:19:55,567 --> 00:19:59,533
The smart thing to do. 'Cause clearly,
there was no issue of alcohol,
461
00:19:59,533 --> 00:20:02,233
- or drugs, or driving while...
- Just an accident.
462
00:20:02,233 --> 00:20:05,100
It was an accident.
And there was really no issue
463
00:20:05,100 --> 00:20:08,166
of neither one of them having insurance.
They both had insurance.
464
00:20:08,166 --> 00:20:11,834
So, it was really just,
I don't want to have to deal with this,
465
00:20:11,834 --> 00:20:13,333
- I'll deal with it, I'll pay...
- Mm-hmm.
466
00:20:13,333 --> 00:20:16,900
And hopefully, this $1,700 lesson
tells him that in the future,
467
00:20:16,900 --> 00:20:18,033
- maybe calling may be...
- Calling, yeah.
468
00:20:18,033 --> 00:20:20,000
- ...the better course of action.
- It's always...
469
00:20:20,000 --> 00:20:21,934
- It's always the best policy.
- Yeah.
470
00:20:23,567 --> 00:20:27,166
{\an8}[Announcer] Want justice?
Go to JudyJustice.tv.
471
00:20:27,166 --> 00:20:29,734
{\an8}[♪ dramatic music plays]
472
00:20:31,967 --> 00:20:34,834
{\an8}[♪ end theme music plays]