Hi There. Adam is absolutely right. You should schedule a consultation with defense attorney immediately and review the charges, facts, and information so that your question(s) may be properly answered. Good luck to you.
The paperwork you signed will likely bar you from re-arguing the liability issue. This is precisely why the public should consult with an attorney before dealing with an insurance conglomerate whose sole purpose is to increase profits by paying out as little as possible. Know your rights next time before you sign them away.
The only gamble with pursuing a legal action against her is whether, if you win, you will be able to collect. Legal action is a lot of work and takes a lot of time. In addition, just to file a lawsuit these days will cost you up to $500.
Regardless, you should at least try to get her to pay out of pocket, even if you have to accept installment payments. The worst that could happen is that she says no.
You should gather all information you have about your case (i.e. witness contact info, medical records, etc.) and immediately consult an injury attorney, such as myself. Most reputable firms offer free consultations and will evaluate your case before you move forward with a claim.
Before one can answer your question, you will need to get information on whether you had insurance on the vehicle. If you did, then simply contact the insurance carrier and arrange for repairs to be made under the policy.
Elite Auto is a great place to call for help with property damage. Their phone number is 602-276-4400.
Having dealt with this office before, you better go in prepared. Gather all of the documentation from the failure to appear incident, including the date the suspension was lifter. Go to the DMV and get documentation proving the suspension was lifted and the date it was lifted. Then present it to the prosecutor before your next hearing. You should also take a look at the suspension statute as it prescribes the time frame the suspension is supposed to last.
If your daughter was not harmed in any way, the extent of damages that you may be able to collect on her behalf is the cost of the can plus any ancillary damages associated with the incident. It does not sound like a matter for which you would need the assistance of an attorney, however, you may be able to negotiate a refund or coupons from this vendor (assuming you are still willing to get food there).
You have a cluster of factual issues that need to be examined by an expert if you want to pursue a claim. remember, the insurance companies are not your friend, and they will look for any excuse not to pay on a claim. you should seriously consult with an injury attorney, particularly as you may have issues of medical malpractice that should be looked at.
If you would like to schedule a consult, please feel free to contact my office at 480-456-3080. Good luck and I am very sorry for your loss.