Can I file a police report for this?

Question

Me and my brother were walking to our car behind this woman with a shopping cart in front of us and she rammed her cart into our car window and kept walking. (It was so loud too!) My brother said, "Excuse me, you just hit my car with your cart." And all she said was "Oh, sorry." There was damage to our car and the paint chipped off and my brother told her to come and look at the damage she did and she began yelling saying she did not do that. They then began yelling at each other and my brother began swearing and she said, "Okay resort to cussing at me" and went to go return her shopping cart. There obviously wasn't anything we could do to make her admit she did it but we wrote down her license plate number and car model/color. Is there anything we can do about this because there's no way to prove she did it even though we saw it happen. And also could my brother's cussing affect this situation and she could possibly hold that against us?

Answer 1

you should have filed a report right then and there. you need to file one now and have witnesses and photographs of the damage. personally I think your wasting your time but, you have the right to pursue it.

Answer 2

In the State of Texas, at the time of the confrontation, you can request police assistance, and most departments will send an officer to the scene, especially if you tell them that there is a disturbance.  Their initial responsibility upon arrival will be to ensure that any disturbances are quelled.  After that, they can, and usually will, take a report for the purposes of documentation.  Criminal charges will depend on whether or not there was criminal intent.  In your situation, there does not appear to be criminal intent, and "intent" is very difficult to prove beyond the four statutory culpable states, i.e., intentional, knowing, reckless, and negligent.  The most likely recourse is through the civil courts.  Your brother's lack of composure will not likely be a factor since, by your account, he did not touch her.  That would have been a criminal offense of assault if he had.  Best course of action is to pursue a civil claim through your Justice of the Peace or small claims court.  Provide them with the information that you have, and the constable or a sheriff's deputy will serve the defendant with a summons to appear.  In the event she doesn't, then you win your judgment against her by default.  A public entry will be made on her record which will show on her credit file with all three credit bureaus for 8 years.  That's usually how it goes, either she shows, loses, and pays...or she doesn't.

Answer 3

Probably not.  Private property.  You would have to sue her in a civil case.

Answer 4

First answer is right. This happened on private property and the police wont get involved.  You could try small claims but it is doubtful you would win. She will deny doing it. And as you said no way to prove it.