My question involves a traffic accident in the State of: Florida
I was in a Wal Mart driving through the parking lot. I was proceeding on one of the outer roadways around teh main parking areas. I swerved to left around a piece of debris in the roadway and then corrected back into the right lane. In that amount of time, no more than 1-2 seconds, a lady tried to speed past me on the right and hit me. She stopped and I proceeded because I was about to be hit by a truck coming the other direction.
We then pulled off the main roadway and exchanged information. In Florida, the police will not come to the scene of non-injury accidents on private property unless the vehicle is disabled, which this was very minor damage to both vehicles, the worst of which was a broken light cover lens on her car. The rest were minor scrapes, but no dents.
She has now emailed me with estimates ($748 for a lens cover and to repaint a 2001 VW Beetle plastic fender) and is asking how I would like to proceed. HUH?!?!?!? We had agreed not to alert our insurance companies and the only reason I gave her my info was that she said she "had a friend" that did body work and could probably fix things very cheap. Then I get an estimate from an auto body shop from this lady.
We had agreeed on the spot that neither of us was interested in going through our insurance companies for such minimal damage. It would only jack our rates for a few scratches that wouldn't go over the deductible most likely anyway. I was willing to walk away and take mutual blame and fix my damage and she do the same. Now she is trying to make it out as my fault.
I am not a lawyer or police officer, but I do know a lot about traffic laws and in this case, I was in front of this person and she tried to pass me on the right before I had exited the mutual roadway on which we were proceeding. Am I wrong in thinking that she is at fault or at the very least, in the far reaches of the universe, 50/50 at fault and therefore, you go your way, I go mine?
How should I proceed? I can't afford a lawyer or to get my insurance rates raised. Is there a law I could cite to her and hopefully make her go away?
PLEASE HELP IF YOU CAN!!!