Should i go to small claims court for the cost of my car repairs if there were no...

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cmuggle63

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...witnesses/no police report? a car veered off his lane and hit me on the part behind my front passenger tire and my passenger door. his damage is directly beneath his drivers side headlights. both insurances say that it is a case of he said/she said and therefore each insurance will take care of their clients cars, with the exception of the deductable. we didn't have any witnesses or police report because we were blocking the intersection. so we moved the cars. (i know now, dumb move.)

at the time of the accident, the guy wouldn't say anything but called his wife to come. she took lots of pics of both cars and then said that it looked like we hit each other. i said, no, if you see the damage his is in the front drivers side bumper and mine is on the side.

unfortunately, i do not have collision so my insurance won't pay my cost. do you think it is worth it to go to court with just my side of the story and my pics? (i took pics with my cell of his front damage and he took pics of both cars with his camera. his insurance won't give me pics of his car)

it would only cost $50 in CA to file, but a lot of stress and worry waiting about 3 months to go to court.

please help!!!
 
Leaving the scene of an accident is illegal, and you don't have any pictures, they do. If you don't have any evidence in your posession or a police report, you probably already ruined your chances of compensation.
 
It depends on how much damage is done to your car and how sure you are that the judge will see it your way. If it's a 2-3 hundred dollar repair it probably isn't work the trouble, more than that it might be. also, if it's hard to determine who's at fault based on the pictures you're back to the "he said she said". If on the other hand the pictures back up your side of the story and you can be convincing I say go for it.
 
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