You were driving. He hit your car.
He was very worried, scared.
- But you did not have insurance. - Correct.
You had no business on the road whatsoever.
But then you went into the girlfriend's place of business
and they called the police on you.
- Yes, ma'am. - [Judge DiMango] You're not very wise.
[announcer] Now on Tribunal Justice.
["Ride of the Valkyries" plays]
[announcer] Today's case was filed in Racine, Wisconsin.
[Cassandra] Your Honor, this is case number 2071, Tibbals versus Wolf.
All parties have been sworn in.
You may be seated.
- [Judge Levy] Thank you, Cassandra. - [Cassandra] Yes.
- All right. Ms. Tibbals. - [Tasha] Yes.
According to your complaint, you were driving in a parking lot,
you didn't see the defendant who was backing up out of a parking spot,
he hit your car, and you're suing him for the cost of those repairs,
which are $4,900.
- Yes, sir. - [Judge Levy] And according to you,
Mr. Wolf, you say number one, the accident was not your fault.
The plaintiff crashed her car into your car,
and you also say that the plaintiff was not correctly and properly insured,
and that's the reason why she could not get her own car fixed,
which is why you should not have to pay her anything.
- Yes, Your Honor. - [Judge Levy] All right.
So, Ms. Tibbals, what happened?
Um, I was DoorDashing, making a delivery and, uh,
one of the streets was blocked, so I had to go through the parking lot.
I was going through the parking lot, I was not speeding, I was going through,
I got about halfway through
and he reversed directly into my truck.
I didn't even see him hit me.
[Judge Levy] When you say that were DoorDashing,
had you already picked up food, were you going to pick up food?
Yes, I had picked up the food and we were on our way to the drop off.
Were you alone or were you with anyone in the vehicle?
Uh, my daughter was in the car.
- She was in the passenger seat. - [Judge Levy] How old is she?
She is 12.
[Judge Levy] And how long have you been working for DoorDash?
Uh, I had been working for DoorDash for about a year at the time.
What kind of vehicle were you driving when you, uh, collided
into the defendant's vehicle?
I have an '04 Ford Explorer.
Um, and it didn't have any body damage at all.
[Judge Levy] How many miles?
Probably 185,000 miles.
[Judge Levy] Okay.
Was the vehicle insured?
It was.
[Judge Levy] According to the defendant's answer however, he came to learn
that, uh, your insurance disclaimed.
- Right. Um... - [Judge Levy] Tell us that.
I find it interesting though because when I signed up for DoorDash,
they asked me if I had my own insurance.
I said yes, that I did.
They proceeded to let me work.
When the crash happened, I tried to get his insurance.
He did say that he have an-- he had insurance.
He gave me the information,
but it turned out that he didn't have insurance through them at all.
What, if anything, do you claim the defendant said to you
on August 12th after the crash?
He was very-- it seemed to be worried, scared.
He said that he had just gotten a job
and that he would be willing to pay me
a hundred dollars a week until the amount is paid what I owe him.
He asked me to go get the estimate.
He had paid me for two weeks.
Total amount paid by the defendant to you--how much?
200, I believe. This was just two weeks.
- That sounds about right? $200? - Yes, Your Honor.
Great. So you did not have insurance.
- Correct. - [Judge Levy] Okay.
Why did you tell her that you were gonna pay for the damage to her car?
Um, I was just frightened. I was a new driver.
I was just trying to think of the most applicable thing to do.
- [Judge Levy] Now Ms. Tibbals. - [Tasha] Yes.
Would it be fair for me to say that you came to learn
that when you work for one of these type of food delivery services
that if you get into an accident
while you are actually delivering food or picking up food,
once you click on that button and you are for 'hire,"
that your own personal insurance disclaims,
they will not cover you?
Um, I believe so, yes.
[Judge Levy] Well, that's something that you should probably have known about
from being a DoorDash driver for over a year, right?
Well, DoorDash did not state that in the policy at all,
and they proceeded to let me work even though I just had liability.
[Judge Levy] Well--okay, well,
they're gonna allow you to work one way or another because, according to them,
if you get into an accident while driving for them,
their service isn't gonna pay,
and your insurance is not gonna pay. You have to have some type of a rider.
- Yes, sir. - [Judge Levy] Right?
- And you now know that. - Yes, sir.
[Judge Levy] Okay. I think that we can take a look,
if we could, at the accident damage.
Ms. Tibbals, is this your daughter in the picture?
- [Tasha] It is. - [Judge Levy] Okay.
And this is your car, this is the blue Ford Explorer 2004?
Yes, Your Honor.
And I'm circling right there, that's the point of contact?
- It is the point of contact. - [Judge Levy] Okay.
And this is also another picture of your vehicle at the very same time, correct?
- [Tasha] Yes, sir. - [Judge Levy] So this is on the scene?
[Tasha] Yes, sir.
And again, this is the additional damage
to your vehicle as you hit the defendant's vehicle, correct?
- [Tasha] Yes, Your Honor. - [Judge Levy] All right.
While you were still on the scene,
one of you called the police, correct?
- I did. - [Judge Levy] And did the police arrive?
They did.
[Judge Levy] Did the police officer ask you whether or not you were speeding?
- No, I don't believe so. I think... - [Judge Levy] How fast were you going
in that parking lot?
I believe I was going about ten to 15 miles an hour.
And if we can please put up
the animated diagram, please?
So Ms. Tibbals, the vehicle in blue, that would be your vehicle, is that right?
- [Tasha] Yes, sir. - [Judge Levy] And the red vehicle
would be where the defendant was?
- Yes, sir. - [Judge Levy] Okay. Can we go forward?
Does that fairly and accurately depict
the way the accident occurred on August 12th?
Yes. Like, I was closer to him before he backed out.
But there was a vehicle that was next to the passenger side
of the defendant's vehicle, is that correct?
I believe there were vehicles on both sides.
[Judge Levy] Uh, Mr. Wolf, did you believe that the accident was your fault
or did you believe that it was the plaintiff's fault?
I believe it was the plaintiff's fault
just based on the location of the damage on my vehicle.
[Judge Levy] Let's take a look at that. So if we can go to 07D2, defendant's car.
So this is a picture of the right rear
- corner panel of your car? - [Isaiah] Correct.
[Judge Levy] What kind of car did you have?
I was driving a 2007 PT Cruiser.
- [Judge Levy] Was it registered? - Yes.
- [Judge Levy] And were you licensed? - [Isaiah] Yes.
[Judge Levy] It just didn't have insurance.
- [Isaiah] Correct. - [Judge Levy] So you had the card
- with you... - Yes.
[Judge Levy] ... the police officer asked you for your insurance,
you gave him the card
leading him to believe that you had insurance,
but you really didn't and you know you didn't.
[announcer] Coming up on Tribunal Justice.
I pull up, I get out to go to pick up the order,
and I see someone crouching behind their car.
- And so... - [laughs] Was that you?
- Were you trying to hide from her? - So I said, "Oh, like,
funny seeing you here."
[dramatic musical sting]
[theme music plays]
[announcer] Tasha Tibbals is suing Isaiah Wolf
for almost $5,000 in car damages.
Tasha claims Isaiah admitted backing into her car,
began making payments, then stopped.
But Isaiah claims Tasha intimidated him after she hit his car,
and that she should collect from her own insurance.
So this is the damage according to you?
[Isaiah] Correct. This is on the side, right by my gas door.
There's no way I could've hit her
- if I was backing out. - [Judge Levy] Can we go back
to the animated diagram, please?
Let's go to defendant's.
Mr. Wolf, will you please walk up to that diagram?
And according to you,
where do you claim the damage to your vehicle should have been?
If in fact, you struck the plaintiff
as she alleges you did versus what you claim
which is that she struck you?
Where should your damage be?
The damage should be, if I struck her as I was backing out,
on the back bumper here, not the side of the vehicle.
What do you have to say about that, Ms. Tibbals?
I believe that I was too far on top of him
for him--if he's turning around to look in reverse,
there's no way that he couldn't have seen me
almost directly behind him.
That makes sense. Mr. Wolf, why couldn't you see her?
Because there was a large SUV to my right.
Is that the SUV there that was parked, Mr. Wolf?
- Yes, sir. - [Judge Levy] Okay.
And how fast do you say you were backing up out of that spot prior to the impact?
A crawl, might as well have been.
And then it wasn't until that you came out that you passed that SUV
that was to your right,
and that's when you claim that she hit you?
- Correct. - [Judge Levy] Okay.
I'm gonna pass that over to Judge Acker now. Thank you.
Thank you, Judge.
Ms. Tibbals, I assume that like most people who drive
for these rideshare companies,
you were doing it because it's an easy way to make money
- using resources you already have. - Yes, ma'am.
Especially with--I have four children,
and so DoorDash is the [indistinct].
And good on you. You say, "I've got four kids.
I'm gonna figure out a way to make it work..."
- Yes. - [Judge Acker] "... with my car
- right in the driveway." - Yes, ma'am.
[Judge Acker] And the irony is that
instead of trying to make a little bit of extra money,
you were just going to pick up food for yourself,
you would've been covered.
- Yes, ma'am. - [Judge Acker] So this was an exclusion
because the insurance company is treating
your efforts and your own car that you kinda do on your own time
as a commercial activity.
They're entitled to do that.
But I find it, Mr. Wolf, supremely ironic
that although she was acting under an activity
that wasn't permitted under the policy, she had one, you had nothing.
You had no business on the road whatsoever.
- Yes, Your Honor. - [Judge Acker] So don't you think
that it's a little hypocritical for you to say, "Well,
I had no insurance whatsoever. I shouldn't have even been on the road.
But I'm just gonna stop paying her."
- How does that sound to you, sir? - It doesn't sound great. However...
[Judge Acker] No, it really does not sound great.
There is no way I'm not gonna find you at least in part liable for this accident.
You're backing out.
When you're backing out of a parking space,
you don't have the right-of-way.
You're a new driver. Do you know the rules of the road yet?
- Yes, ma'am. - [Judge Acker] Study more.
Can we put the image of the parking lot aerial up, please?
There we go.
Who has the right of way when someone is backing out of a parking space?
- [Isaiah] The driver. - [Judge Acker] Which driver?
The one who is, uh...
- [Judge Acker] Not in the parking space? - Correct.
[Judge Acker] So she have the right-of-way.
You backed into her.
[Isaiah] I was backing out so far,
so I could actually be able to see if there was anyone coming or not.
When I looked to see if there was somebody coming, that was when the impact happened.
But you were backing out of a parking space
and you started paying her some money,
which was the right thing to do,
but then when you found out about how her insurance company
was going to treat this accident,
you said, "I'm gonna hide behind the insurance company.
Her insurance company is doing better by me than mine is.
Oh, wait, I don't have any insurance."
But then I must say, Ms. Tibbals,
you seem like quite a nice woman
but then you went into the girlfriend's place of business,
and I understand they called the police on you.
- Your girlfriend or partner works... - Yeah, they--yes.
... in a pizza establishment, and she was there,
and you guys ran to each other. What happened?
So I was just there, I was eating and... just hanging out.
When she came in, she started to ask me about, you know, paying...
- "Where's my money?" - Yeah.
Started to get, as I remember it, a little heated.
That's when my fiancée told her to please collect your food
and leave as a DoorDasher
instead of causing an incident in the store.
And then the police were summoned to the location?
- [Isaiah] Yes. - And you lost your opportunity
to continue to drive for DoorDash as a result of this, yes?
- Yes, ma'am. - Now why did you go in there
and, like, causing a ruckus?
I did not cause a ruckus at all. Um...
[Judge Acker] I sound like my grandmother.
- [laughs] - Causing a ruckus. [laughs]
It was very ironic.
I got the order.
I pulled up.
I noticed there was a man standing on--next to a vehicle.
I pull up, I get out to go to pick up the order,
and I see someone crouching behind their car.
He's... [laughs]
But I can see the top of his head.
- And so... - Was that you? Were you trying to hide?
- [Isaiah] I was--I was in... - Were you trying to hide from her?
I was, like, trying to look in my car for something, yeah.
[Judge Acker] No, you were trying-- oh, you just happened to--
- you dropped something at exactly... - [Isaiah] Yeah.
... that moment. You were hiding.
You were trying to hide.
So I walked over and I said, "Oh, like, funny seeing you here.
Like, I just wanna let you know that you should have kept paying me
because I am gonna take you to court. Like, this is your fault."
[Judge Acker] So you were going after him a bit.
- Yes. - And his girlfriend called the police...
- [Tasha] So... - ... and then you lost
your chance to keep making this extra money,
which is the whole reason this thing happened.
So it kind of came full circle.
Yes, ma'am.
- [Judge Acker] Judge? - [Judge DiMango] All right.
So let's start with you.
- Yes, ma'am. - [Judge DiMango] You were not dropping
any food off in that parking lot area, correct?
- [Tasha] No, ma'am. - Um, and you were driving on a road
that you say was backed up with traffic,
- is that it? - Uh, it was blocked off.
They were having a block party.
[Judge DiMango] Because I think you know that you can't use parking lots,
driveways, gas stations to travel.
You know, you can't say, "Oh, the light's red,
let me go right through that gas station,
come out on the other side."
You know you're not allowed to do that.
That's illegal. That's like running a red light.
- Yes, ma'am. - [Judge DiMango] Putting that aside,
how long were you driving before you encountered her vehicle?
I was--I was driving for maybe about five months, five, six months.
[Judge DiMango] So now, you're in the car.
- Where were you going? - [Isaiah] I was about--
I just gotten a late lunch with some friends
and I was about to go get food for my fiancée.
You're gonna pick up more food from her, but she works on a food establishment?
- Yeah, she didn't like the food there. - [Judge DiMango] Okay.
Which way were you gonna be going?
Were you gonna be going to the passenger side or the driver side?
I would have been going the direction of the passenger side.
However, as I stated, I was just creeping out behind me.
I didn't--I didn't know enough to--
before--to back out of the spot completely before making the turn.
I didn't know that.
Well, you can't drive as a driving school.
You've gotta already have gone to driving school before you start to drive.
[announcer] Coming up on Tribunal Justice.
So you were taking payments from him.
And what price had you agreed on at that part?
Because you hadn't brought it to a mechanic yet.
[dramatic musical sting]
[theme music plays]
[announcer] Tasha Tibbals is suing Isaiah Wolf for car damages she claims
he caused when backing out of a parking space.
But Isaiah says Tasha's own insurance denied her claim
and that she's the one that caused the accident.
Now, problem with you-- you bring the car to a mechanic.
First of all, it was at like at least three weeks after the incident.
You know why we know that? Because he was making payments.
So you were taking payments from him.
And what price had you agreed on at that part?
Because you hadn't brought it to a mechanic yet.
Yes, we didn't agree on a price.
He said that he would pay me up until whatever the quote was that was owed.
- I was very... - Oh, you are not very wise
because the mechanic said $4,998.
And what is the book value of your vehicle, ma'am, do you know?
I believe it is about 3,700.
[Judge DiMango] No, you believe wrong. It's about 3,000.
Now let me ask you,
why would an insurance company not want to insure you
if you're a commercial driver?
Give me the reasons why they would say,
"This is not a good idea for us"?
I am not sure why they would not want to. I would think that they would...
Well, how about this, if you're driving for business,
you're driving far more often than if you're not.
If you're driving for business and you have phone messages coming in,
you're more likely to take your eyes off the road.
If you're driving for business and you need to get someplace
to bring something on time, you're more likely to drive recklessly,
drive carelessly, drive too quickly.
- How about all of those reasons? - Yes, ma'am.
Uh, one last thing.
I would like to say that I have put thousands and thousands of dollars
into this truck to keep it a good vehicle,
to make sure it's safe for my kids.
- Unfortunately, this happened. - Yes, that's true.
It's very sad, but it's good that you keep the car up.
So I don't think I have any more questions of either one of you.
We're gonna retire to deliberate. Thank you both.
[Cassandra] This case is now in recess.
All parties will be recalled.
[dramatic musical sting]
On a fault basis, to start off with,
that, uh, the defendant would be at fault
for backing up out of a parking spot
and hitting another vehicle,
the plaintiff's vehicle that was in the right-of-way.
As you also indicated,
there is an apportionment that can be done if there is a finding
that the plaintiff was somewhat
at fault for the accident.
I agree that she was somewhat at fault.
Based my decision on the photographs that were provided,
specifically where the damage was on both vehicles.
There would be no way that there would be such extensive damage
on the plaintiff's vehicle
on the right side of her car unless she was going too fast.
She was in a rush.
That's why you cut through parking lots.
She testified and she told the police and she told us here that she did not see
the defendant's vehicle as it was backing up out of that spot.
Yes, he was at fault.
She had the right-of-way.
But we need to come to a decision regarding what portion
of the accident was her fault
and then apportion that to the damages, the $5,000 damages to the vehicle.
I definitely think she was going faster than she should have been,
which makes sense, because when you're driving for those companies,
you know, they tell the customer the food's gonna be here
in a certain amount of time.
I think that she's in part liable.
I don't know that I would split it in half.
I'm not sure what the apportionment is, because he was just way more wrong.
- He was backing out of the spot. - No insurance.
- He had no insurance. - Come on, no insurance.
No insurance and you're backing out of a parking space.
You know, I feel the same way.
First of all, I--I'm always troubled
by people who get on the road with no insurance.
I can understand her misunderstanding,
but she is not being denied insurance because of any reason.
She has full insurance but for the fact that she's using it
for commercial purposes.
I can find perhaps that she took that
as a shortcut and we all know that that's not appropriate.
And when you do that, you're going too fast.
You know you're not supposed to do it.
We all do it, but she just got into an accident.
- Either way... - I mean, you all do it.
- I've never done that. - [laughter]
That's why I don't get in his car. But you all go with it. But...
- I've driven with you, Pat. - [laughter]
Okay. Okay. So I got the Brooklyn driving...
- Yeah. - [Judge DiMango] ... uh, skills.
- So what are we all saying? - I'll make my part easy.
I think that there is some contributory liability on her part,
but he had no insurance whatsoever.
So I'd give her everything because he had no business on the road at all.
Whereas if she was just buying food for herself and her kid,
insurance would've covered it.
Well, the damage from the body shop was $5,000.
Well, we have this here in the Kelley Blue Book value
that the typical listing price for her vehicle would be at the high end, 3,000.
I'm willing to go with a 3,000 if you like.
- I can do that. - Um, I don't think she should have
gone through the lot. I could take off 500. I'd give her...
- No, let's give her all the money. - You wanna give her everything?
- Yeah, I wanna give her everything. - Minus the 200 he already paid.
- Minus what she paid. - I mean, I can live with that.
- [Judge Acker] What he paid. - I could live with 2,800.
I agree. Otherwise, the vehicle's drivable.
- We're unanimous? - Yes.
We are.
[dramatic musical sting]
Court is back in session.
All parties are reminded that you're still under oath.
[Judge Levy] Thank you, Cassandra.
So first of all, Mr. Wolf, hmm, you know?
- Yeah. - [Judge Levy] You gotta have insurance.
- Yeah. - [Judge Levy] Right?
This was a little fender bender.
- You were lucky. - Yes, sir.
[Judge Levy] Likewise, Ms. Tibbals,
if you're running for any food service or anything like that,
you gotta have independent insurance so that this doesn't happen.
Because if you had that,
you'd have all of your money in your pocket for those damages.
We are unanimous in that we believe, Ms. Tibbals,
that you've made out your case.
But we took into consideration insurance issues,
we took into consideration photographs, damage.
We also have, perhaps most importantly,
that you cut through that parking lot as a thoroughfare
and you're not allowed to do that.
It's a vehicle and traffic violation.
People who do that-- typically you're in a rush.
And if you're in a rush,
you're more likely to get into an accident.
- You follow? - Yes, sir.
So with all those things taken into consideration
and apportioning liability between the two of you, we believe, all of us,
that you should receive $3,000 from the defendant.
He paid you 200.
That leaves $2,800 that the defendant owes to you
for the damages he caused to your vehicle.
We thank you both for coming. That's the decision of the court.
- [gavel bangs] - Thank you.
- [Isaiah] Thank you. - This case has concluded.
All parties are dismissed.
[theme music plays]
I know it's fair. I made a mistake.
I did feel bad for him, but either way, I'm owed what I'm owed.
- Accidents happen. - Yes, accidents happen.
Be careful. Have insurance.
I got a better job, a better paying job.
So I'm gonna make sure I can do everything now.
[announcer] Did someone break an agreement?
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["Ride of the Valkyries" plays]