Now my questions:
1 Although her version of the accident (as retold in the officer's notes received yesterday) doesn't wildly exaggerate my 'careless driving' she notes that I had been following too closely. She also describes putting her hands on the windshield to minimize the effect of the impact. This surely didn't happen as I was so close behind her car at the moment she stopped that she would have been looking at whatever it was that caused her to stop for the third time and not staring into her rear-view mirror). If the other driver does not show up in court, will the J.P. listen to the police recount that driver's version of events? Can I object to this as 'hearsay'? If the other driver doesn't show up and there is absolutely no evidence produced concerning her injuries, can the claim of injury be brought up? In other words, does the fact that the paramedics were called to the scene serve as 'proof' that an injury occurred?
2 I went to a collision reporting center the day after the accident thinking that someone there would examine and/or photograph the damage to my front plastic bumper guard. (It's a break - about 3 cm wide and 1 or 2 mm wide. I was sent away when I told them that an accident report had been filled out by metro police officer. I'm quite sure that officer, however, did not take any photographs of either bumper guard. The damage to the other driver's car was insignificant; plastic was not broken at all, but I could see (and feel with my fingers) a scuff and slight depression. The officer's notes are a bit inaccurate here: she claims more damage to the other driver's car ($400) than to mine ($200) and mentions 2 small dents. I asked for photographs as part of disclosure, but got none. I have been trying (so far, without success) to get photos from the other driver's insurance company's adjustor; or at least a detailed description of the damage. Will the J.P. give much credence to the investigating officer's ability to determine the cost of autobody repair/repaint?
3 In general, I don't feel that the officer will be hell-bent on trying to make a case for 'Careless Driving' in this case. At one point, she told me flat out "It's the wrong charge." Assuming someone is going to continue moving forward, then looking sideways to check oncoming traffic and consequently bumping a car that stops again for no reason) seems like the flimsiest of all possible scenarios that J.P.s must encounter.
What are the odds of this being withdrawn if it's just the investigating officer and me who show up on Dec 10? I can supply her notes (they are very brief) if it would help.
You say that whether or not the other driver was injured is irrelevant. I thought a good strategy at trial would be to try to get the police officer to repeat her statement that it was because the other driver claimed to be injured that she was forced to lay a charge that she otherwise would not have laid. Would this approach be successful, in your opinion?