02x96 - Cash Not Cops

[bunniefuu]

- [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 g*n 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.

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 g*n 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?


[♪ dramatic music plays]

[♪ end theme music plays]