- [Judge Judy] He struck your car? - Yes, Your Honor.
You said you would pay for the damage to her car?
Can I speak on that?
I was trying not to... make things worse.
You agreed to pay to have the car fixed.
I was trying to be reasonable.
I don't care what it was. Nobody put a gun to your head.
[Announcer] This is Judy Justice.
[♪ opening theme music plays]
Melissa Baker is suing fellow motorist Jesus Escobar
for car damage after an accident.
[Kevin] Court come to order. All rise.
Have a seat, please.
Hello, Judge. Case 2159, Baker versus Escobar.
- Thank you. - You're welcome.
This case involves an automobile accident.
Ms. Baker, you are seeking $10,000 from Mr. Escobar,
who you claim caused the accident, and you a lot of grief.
The accident happened on what date?
It happened on May the 18th, 2021.
[Judge Judy] Was your car insured at the time?
- Yes. - Yes.
- And your car was insured at the time? - Yes.
Great. I don't want you to get into the specifics of the accident just yet.
What I'd like you to tell me was,
prior to May 18th, who were you working for?
- ...Brand Lighting. - What were you doing for them?
Uh, drove a forklift. I load and unload trailers.
How long had you worked for them?
- About a year and a half. - Prior to that, where did you work?
- I think it was distribution. - From when to when?
Um, I worked for them for about four years.
Prior to that, were you constantly employed, or were you on disability?
No, I was constantly employed.
- Mmm? - I was constantly employed.
OK. Prior to working for the place where you had been working in May,
were you ever on any sort of disability?
- Yeah, I, I... - From when to when?
May the 19th, I applied for disability, because I went to the doctor...
[Judge Judy] No. [shushing]
I'm not talking about it as a result of this accident, Ms. Baker,
I'm asking you, were you ever on disability before this accident?
- No. - You were injured before this accident.
- You had a back injury. - Yes.
Before this accident? When did that take place?
That happened in 1999.
And what happened in 1999?
We, uh, opened up the pick module, and the supervisors was there,
and, uh, we was walking them to show them
the, the new opening of it,
and the floors was made out of, uh, gates,
but the gates wasn't pushed together,
and so my foot slipped down between them,
my back slammed into one of the steel beams.
And were you out on any sort of a disability after 1999?
- Yes, ma'am. - From when to when?
Well, I was out on disability with that,
- and I was out for two years. - I'm talking about...
[Melissa] Yeah, for, I was out for two years.
- In 1999? - Mm-hmm.
- How long were you out on disability? - I was out for two years.
And the nature of your disability was the back injury?
- Yes, ma'am. - So you went back to work in 2001?
Yes, ma'am.
- For whom? - Hospital.
- What were you doing there? - I was a supervisor in the storeroom.
- How long were you working there? - I worked for three years.
After 2001, was there ever a period of time
that you went back on disability?
I'm trying to think. Yes.
And from what year to what year?
I want to say it was, like, 2005?
My thumb got amputated off of my hand at work.
And how long were you out on disability?
- A year and a half. - After that?
I think that's, that's it for the disability.
I went to work after that.
This accident occurred on May 18, 2021.
After May 18, 2021, did you go on disability?
- Yes. - From when to when?
Um, from May of 2021
to August of 2022.
And the nature of your disability on all three occasions
was injury to your back?
No. One of them was when my hand,
my thumb, got amputated off of my right hand.
Did you have any surgery on your back, ever?
- No, ma'am. - And you received disability
from May of 2021 to August of 2022,
in what amount?
I think it was one thousand, six hun--
uh, it was one thousand, one hundred and sixty dollars every two weeks.
So, about $2,200 a month?
Yes.
And what happened in August of 2022?
Uh, benefits was exonerated.
- Ceased. - [Melissa] Yes.
And you went back to work?
No. I have not been back to work.
How are you supporting yourself now?
I've just applied for, uh, unemployment right now,
to try to help me with my bills and my rent,
'cause, um, I'm behind in, um, everything.
May 2021, what was the date of the accident?
May 18th, 2021.
According to your complaint,
you were traveling in the right lane of a highway.
The defendant was traveling in the middle lane?
- Correct. - And he veered off
into your lane in order to make a right turn, struck your car?
- Yes, Your Honor. - OK.
He says not true, his response says
that he was in the middle lane,
he was going into the right lane,
and you sped up and wouldn't let him in.
- Is that what your defense is? - Correct, yeah.
And your cars collided?
- Or she hit you? - Correct, Your Honor.
- OK. - That is not true.
And the damage to your car,
which was the red car, was where?
[Melissa] He caught me from the, when I swerved,
so he caught me from the side, and he slid up to the, to the bumper.
So, he hit the bumper right there in that, that part of it...
- Do you have photographs? - I do, I have photographs, Your Honor.
I'd like to take a look at the photographs, please.
So, may I explain to you what happened, Your Honor?
- With what? - [Melissa] May I explain to you
how the incident occurred?
[♪ dramatic music plays]
When did you get these estimates?
Oh, I just went to go get those estimates yesterday.
I talked to them on the phone before then.
No, I don't care whether you talked to them on the phone,
these estimates say you just got them within the last couple of days.
- [Melissa] Yeah, no... - This accident happened a year ago.
[♪ dramatic music plays]
[Announcer] Melissa Baker claims fellow motorist
Jesus Escobar damaged her vehicle
while changing lanes.
- Well, this was your car? - Yes, that's my car.
And this is the passenger front panel.
When he hit me, the bumper was hanging,
and so then, I had to pull it off,
'cause it was dragging the ground.
I couldn't drive my car like that, so I ended up pulling the whole thing off.
And so that's how come you see that damage
on the other side of the car, too.
Do you have pictures of your car, sir?
- Yes. - I'd like to see them.
Anybody have a police report?
I have a, uh, over-the-counter report,
- 'cause once the, once... - No, no.
I just asked if anybody has a police report of this accident.
I do.
I'd like to take a look at it.
Where did you get this from?
I went to the police department the next day
and did an over-the-counter report,
because he asked me not to call the police at the scene.
Just a second.
My question to you is where did you get this from,
to make a picture of it?
Oh, I had took a picture of it with my phone,
and emailed it to my attorneys.
And so, when they sent me a, a collective packet,
that's how they sent it back to me.
Did either one of you receive a citation or a ticket
as a result of this accident?
- [Melissa] No, Your Honor. - No, Your Honor.
- Were the police called? - [Melissa] No, Your Honor.
- Why not? - Uh, Mr. Escobar,
when he got out the car, he asked me if I was okay,
and he asked me to not to call the police,
because he's a truck driver, and he did not want that point
on his driver's license.
He also asked for me to pull over to the side of the road,
over on Fourth Street, so that we wouldn't be blocking
the intersection and the traffic.
- Well, that's a good idea. - [Melissa] Mm-hmm.
I took a picture of his, uh, insurance information.
You remember that conversation, Mr. Escobar?
- Yes, Your Honor. - OK.
And, so, you said you would pay for the damage to her car?
- I offered, I was trying to be... - Just a second.
- You said, I... - Yes.
Well, that's a "yes." That sounds reasonable.
You said, "I'll pay for the damage. Don't call the police.
I don't want this to be on my license.
I'll pay for the damage."
- Correct. - Right?
There's more to it, but hopefully, I could have a chance
to, um, uh, tell you what my side of the story is.
- But yes, I... - No.
- I, I passed your side of the story. - [Jesus] OK.
Now, I have an accident.
You say one thing, she says another.
We're moving on to the next issue.
The next issue is, she says, and you acknowledge,
that you told her, "Please don't call the police.
- I'll pay for the damage." - [Jesus] Correct.
[Judge Judy] "I don't want to go through my insurance."
- Yes. - OK.
- So you agreed to pay for her damage? - Yes.
Do you have an estimate for your damage?
Yes, I do, Your Honor.
I'd like to take a look at it.
Well, I actually have two, uh, different estimates.
Did you ever have the car fixed?
- No. - OK.
Thank you.
What kind of car is this and what year?
[Melissa] It's a 2012 Kia Optima.
- And you own that outright? - Yes.
When did you get these estimates?
Oh, I just went to go get those estimates yesterday.
I talked to them on the phone before then.
No, I don't care whether you talked to them on the phone.
These estimates say you just got them within the last couple of days.
- This accident happened a year ago. - [Melissa] Yes.
So, I called some people to get some estimates,
and they gave me some, they gave me some estimates over the phone,
and so I called Mr. Escobar,
and I told him what the estimates were.
No, no, listen to me carefully.
What you just gave me were estimates that you got two days ago,
which is a year and a half after this accident.
- Right, well... - OK. I want to know
where the estimate is for $1,700.
That's the estimate that you called him with
- the next day after the accident. - [Melissa] No, yeah.
The next day after the accident, you called him and said,
"It will cost me $1,700 to fix it."
These say 4,600.
Just show me the estimate for 1,700.
[Melissa] These are from his, these are from his,
uh... that's from his insurance company.
Actually, I called him to give him the estimates
of the people that I talked to on the phone, he didn't respond to me.
Listen to me carefully, madam, I'm reading from your complaint.
- [Melissa] Mm-hmm. - "I took my car in
- "for an estimate... - Yes.
"...the next day, and I texted him the amount.
He said that he did not have $1,700
and he asked if I could wait for a month."
- [Melissa] Mm-hmm. - "I needed to get my car fixed
before then, and he suggested that we go through insurance after all."
- You took your car in, according to you. - Yes.
You got an estimate for $1,700.
- OK, I did get it in writing... - OK!
You got an estimate for $1,700.
He said, "I can't get you the money right away,"
- so you went through insurance. - Correct.
OK, so all of a sudden, it doesn't grow into $4,600.
- Well, this... may I? - Yeah.
OK. So, um, the man gave me the estimate for the $1,700,
but what he did inform me was that...
No, you can't tell me what he informed you, madam.
- [Melissa] Well, basically. - Not basically.
Well, can I tell you what these people, can I tell you what these people said?
No. You can't tell me what those people said, either.
Well, I was trying to explain to you why it went to $4,300, but it's...
It's not going for $4,300.
The initial cost to fix your car was $1,700.
You, as a matter of fact, accepted a check
from his insurance company for $1,300.
- I asked my attorney... - Just a second.
- I'm sorry. - You accepted a check
from his insurance company for $1,300,
and according to you, they canceled the check.
OK? And I'll see the letter why they, why they canceled the check.
[Melissa] OK.
And when you accepted the check,
you signed a general release
because the insurance company doesn't send a check
unless you sign a general release
for anything and everything surrounding the accident
that took place on May 18th.
That's what you signed.
When you accept a check from an insurance company
with regard to an accident, that's what you sign.
I, I had no clue as to what it was, you know, uh, Your Honor,
I referred to my attorney to ask them what I should do,
- and that's what they advised me to do. - Now, just a second.
Just a second. That's hearsay.
Do you understand? That's hearsay.
You can't tell me that.
There is no attorney that would say, "Sign a release,
and then we'll go on from there."
You don't sign it. OK.
You no longer have that attorney, correct?
- No. - The attorney said goodbye.
Now, after this accident,
which happened on May 18th,
when was the first time you saw a doctor?
- The very next day. - Let me see.
[Melissa] Here's all my doctor's notes.
- Let me just see from the next day. - OK.
It says, "Patient is disabled as a result of chronic back pain
that affects her mobility and inability to perform work as required."
Right? And now you work for whom?
...Brand Lighting. This is also the report...
Just a second, what do you do for ...Brand Lighting?
Oh, I drive a stand-up reach machine.
So I have to get on and off, and I also drive a forklift,
so then, a forklift, I have to climb up and down it to get on and off.
I got it. Mm-hmm.
Mr. Escobar, you agreed to pay the damage to the car?
- Correct? - Yes. Um...
- Can I speak on that? - I'd like to hear your excuse.
[♪ dramatic music plays]
[Judy Justice] You did not present to me anything with a medical write-up
that suggests at all that this accident
caused you to lose anything.
[♪ dramatic music plays]
[Announcer] Melissa Baker has accused fellow motorist Jesus Escobar
of hitting her vehicle while changing lanes.
Mr. Escobar, you agreed
to pay the damage to the car.
- Correct. - Correct?
Yes. Um... Can I speak on that?
I'd like to hear your excuse.
OK, at this point, at the time of the accident, which was...
date of loss, May 14th, 2021.
- May 18th or May 14th? - 14th.
- May 14th? - May I see it?
That's not true.
[Jesus] It says "date of loss."
- Uhh... - Shh!
OK. So, this insurance company
found that there is a comparative negligence statute
in California, which means, to the layperson,
that they will look at an accident, and they'll say,
"Well, it's not 100 percent his fault, or not 100 percent your fault,"
but they looked at the accident, and they said,
"Our insured," that would be you,
is 75 percent responsible for this accident."
And they found, which is not dispositive for me,
that you were 25 percent responsible for the accident.
- You agreed to pay to have the car fixed. - Yes.
That's the bottom line.
Can I explain, though, why?
Go ahead, you can explain all you like, but you agreed to have the car fixed.
I was trying to be reasonable,
due to the fact that I was a truck driver.
- Mm-hmm. - [Jesus] I'm on for three weeks,
come home a day or half a day,
and then I'm on for another three weeks.
I was trying not to go to court,
I was trying not to... make things worse...
And you agreed to pay to have the car fixed.
[Jesus] I, I agreed to pay...
I don't care what it was, nobody put a gun to your head.
- [Jesus] No. - You know?
Nobody put you under a cattle, what was it, that thing...
- I have no idea. - ...in Yellowstone, where they...
I know. I know what you're talking about, I don't know what it's,
- A cattle guard. - Cattle guard?
- Nobody hit you with a cattle guard. - [Jesus chuckles]
You said, "Don't call your insurance,
I will pay for the damage."
So, you gotta pay for the damage.
And evidently, it hasn't bothered you enough,
because you haven't had the car fixed.
- Do you still own the car? - Yes, ma'am.
OK. Well, you have to fix it for $1,700.
Now, you have no medical people here, do you?
- No. There are no witnesses over there? - No.
You've had a longstanding back problem.
Went to a chiropractor, you went to a lawyer,
on and off disability because of your back problem.
And you did not present to me
anything with a medical write-up
that suggests at all
that this accident caused you to lose anything.
And if you have it, I'll be more than happy to look at it.
[Melissa] OK. Uh, my attorney's highlighted that part right there.
I just looked at this.
I'm sorry, I must've gave you the wrong thing, OK.
Well, do you have the right thing?
I thought it was talking about the acute back pain.
No, it's... I don't...
Not that I don't care about your acute back pain.
- [chuckling] - But since you don't...
- ...have an expert here to testify... - It's not gonna do any good.
...that that back pain was a result of this accident,
and the pro forma thing that you gave me, your check-off,
"patient has chronic back pain," doesn't do it for me.
So, unless I have a write-up from a hospital,
from a medical facility that this accident,
that happened, he says on the 14th,
you say it happened on the 18th.
It happened on the 18th, ma'am.
- It happened on the 18th? - Yes. Yes, Your Honor.
Ohh...
I'm sorry, I've had this...
Oh, here it is.
- OK. Doesn't do it. - OK.
Doesn't do it. He's gotta pay to have your car fixed.
$1,700. We're finished here. Judgment for the plaintiff.
- Thank you, Your Honor. - [Kevin] This court is adjourned.
I'm satisfied. I'm just glad that the whole thing is over with.
Well, I'm just glad that, uh, this is finally over. [chuckles]
It's been a year and a half, almost, and my car is still damaged.
Pretty much, yes, I was in the middle lane,
trying to make a right.
The guy fabricated a lot of that stuff,
but I just really want to be done with this.
She got road rage and speed her car up and hit me.
Well, he just apologized a whole lot.
He was feeling really good when he was driving,
he was revving his engine a little bit, 'cause he has a Charger,
music was blaring loud, he wasn't paying attention.
I don't how I could cut someone off,
and the person that, and the person I'm cutting off
ends up, ends up in front of me.
I was going about my merry way, and I seen him coming towards me
through my, from my peripheral vision.
How is that, how is that possible?
I feel sorry now that I even, didn't even call the police
and have them come out there to the scene.
I know it's a Covid time, people was having a hard time
with, you know, making their money on their jobs and stuff.
When the guy asked me not to call the police,
I wasn't giving him a hard time, but then, look what he did.
- Accidents happen. - Be careful out there.
I think this is a good lesson for people like the defendant,
who, for whatever reason, he was a truck driver
and didn't want, maybe, the points on his license,
or even the hint of a car accident to be on his record,
if that's his business.
However, I think it could have saved him,
from, number one, making a gratuitous promise
to pay for the damages to her vehicle,
which he might not have had to,
had a police officer come out and made a report,
and maybe they would've found him less at fault
than his own insurance company.
And then he wouldn't have been so quick to offer to pay for the damages,
or... conversely, the plaintiff may not have mentioned anything
about any back pain, and if today was the first time
she was gonna bring it up,
I'm sure you wouldn't have offered her anything.
Well, she didn't bring it up.
She's had chronic back pain now for 22 years.
- Of course. - Her allegation is
that this accident exacerbated that back pain
that she's had for 20 years.
Then, you have to come in with a medical team,
to talk about what the nature of her injury was before,
how it was changed a result of this accident.
Without that, a pro forma note that says so-and-so has chronic back pain
and she can't work, is not a reason to award you $10,000
for personal injury.
I think it's a good lesson that the police get called to the scene of an accident...
- For a reason. - ...for a reason.
And although you may be concerned with other consequences of calling them,
sometimes it's just the right thing to do.
The smart thing to do. 'Cause clearly, there was no issue of alcohol,
- or drugs, or driving while... - Just an accident.
It was an accident. And there was really no issue
of neither one of them having insurance. They both had insurance.
So, it was really just, I don't want to have to deal with this,
- I'll deal with it, I'll pay... - Mm-hmm.
And hopefully, this $1,700 lesson tells him that in the future,
- maybe calling may be... - Calling, yeah.
- ...the better course of action. - It's always...
- It's always the best policy. - Yeah.
[Announcer] Want justice? Go to JudyJustice.tv.
[♪ dramatic music plays]
[♪ end theme music plays]