It was winter. Only one road was plowed. I was forced to swerve to the unplowed road, where my car spun out and collided with a lamp post and a stop sign. The police came and gave the OTHER DRIVER a ticket. My insurance covered everything except for my $500 deductible. The other driver's insurance company refused to pay my $500 deductible (they offered me $50).
If I had not swerved, she would have definitely broadsided me. Because I swerved, her car was undamaged.
I have filed a mini-tort to go after the other driver in small claims court for my $500.
1. Will I win?
2. What should I say?
3. If I win, she will pay my deductible and her insurance company will reimburse her... is this correct?
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