Re: Rear-Ended, Forced Off the Road and Injured
I don't see any specific questions in your post, it sounds as if you've got a good understanding of most of the details under the circumstances.
Sound like a reasonable explanation from the officer. Your claim is that you were hit twice, hers is that she only hit you once, and it would be difficult to establish who's telling the truth. Which means the entire case will hinge on the court case and who sounds more believable to the judge!
Question that remains is how did she come about to nudging you? Were you driving slow, were you making a turn, attempting to stop... or was she simply blind and was driving too fast/close to you?
That aside, one thing you should do is make a serious attempt to get your car out of storage... I don't know if you have a place where you can have it moved/towed to but at $25 a day, that bill can add up quickly and with you not having any insurance, you don't have much of a choice as far as payment, or simply letting the car go. Since you have a lender/lien holder, and since you do not hold title to the vehicle where you can sign it off to the towing company in lieu of payment for towing and storage fees, you're left holding the bag -either to the towing company or to the lender-. I would pay the towing company, get the car out and take matters from there!
You maybe able to have it towed to a body shop, and that way you can at least get an estimate of the needed repairs (the first logical step to this process that will follow), but understand that it will come to a point where they may start charging you storage fees as well. So that is not a long term solution!
Which brings one point I am not clear on...
If her car was driveable, then why did they tow her out?
Why would you sue the tow company?
And if so, why would you sue the tow company?
If you have any issues with the amount they're charging you, request an itemized bill from them, and discuss any specific items that you disagree upon; if the disagreement revolves around charges they should have asked the other driver for, and depending on how much those are, it maybe in your best interest to simply pay now and sue later... At $25 a day, they can afford to sit around and do nothing to resolve this, you can't (or shouldn't)!
This may depend upon make/model/year/condition of this car and its current market value, and the amount of damage it has sustained... Generally, I highly doubt that the lender would be interested in repo-ing the vehicle if it has sustained substantial damage!
With that being said, why wait until they repo (if they ever do) for you to sue her? Its not like you can simply walk into court and say "sue"... You still have to get the car out, obtain estimates to establish whether you're going through small claims or civil court, file your claim accordingly, locate her, serve her with a court summons... etc. If she is really insured, then she will likely turn the claim over to her insurer whereas if she's not, then your uphill climb (to sue, win and then collect) will begin!!!
Additionally, her claim that she skidded as she attempted to stop (to offer you help) and only hit you once
You can say that again... And I realize that hindsight is 20:20, but was it really worth it to drive around uninsured, or would you have been better off carrying the minimum liability +comp & collision?
I am right 97% of the time... Who cares about the other 4%!