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00:00She hit you.
00:01Correct.
00:02Did you have a valid driver's license?
00:04No.
00:05I want to hear a lot of I'm sorry's.
00:08Why would I say I'm sorry if...
00:10Don't you understand that?
00:12I don't like my blood pressure to get too high.
00:14I just don't like stupid.
00:16This is Judy Justice.
00:30Lisa Hildreth and Reza Mahasanyi are suing 20-year-old Jennifer Santiago for medical bills after being hit by a car.
00:45Court come to order.
00:46All rise.
00:47Have a seat, please.
00:51Case number 2020.
00:52Hildreth Mahasanyi v. Santiago.
00:56Ms. Hildreth.
00:57Yes.
00:58Pronounce your last name for me, sir.
00:59Mahasanyi.
01:01Mahasanyi.
01:01Yes.
01:02You two were crossing the street in San Diego.
01:06In Carlsbad Village.
01:08Is that in San Diego?
01:09It is. It's a suburb of San Diego.
01:11Is that where you live?
01:12Correct. In Carlsbad.
01:13And you were hit by Ms. Santiago who was driving her mother's car.
01:17Correct.
01:18Ms. Santiago acknowledges that she hit you.
01:21And you were seriously injured.
01:23You've had shoulder surgery. You were both injured.
01:25Correct.
01:26When did this happen?
01:27This happened on Friday, September 4th, 2020.
01:32I just have a couple of preliminary questions before I get into the facts of it.
01:36Sure.
01:37I assume that since this accident happened in 2020, that you tried to sue either the defendant
01:45and or her mother as the car's owner.
01:48Well, we would have done so, but the driver was uninsured.
01:53That's the question. You would have done so, except the mother had no insurance.
02:01It is my knowledge that the mother had insurance, but that the, in which I have the evidence,
02:08that her daughter was excluded from the policy.
02:12The policy, and therefore the insurance company disclaimed.
02:17Correct.
02:17I'd like to see that.
02:18Absolutely.
02:19That's why your mother's not here.
02:22No, Your Honor.
02:23Okay, that's why your mother's not here, Ms. Santiago.
02:25Without her knowing.
02:26Ms. Santiago, that's why your mother's not here.
02:31No.
02:31No.
02:32Well.
02:33Were you excluded from the insurance policy?
02:38That's either a yes or a no.
02:40Yes.
02:41Then you shouldn't have been driving the car.
02:43Yeah, I know.
02:43Just a second.
02:44Then you shouldn't have been driving the car.
02:46I took the car.
02:48I don't want to hear some, I don't want to hear some pat answer from you.
02:51Do you understand?
02:52That's why your mother's not here.
02:55Well, I was.
02:56I didn't ask you a question.
02:58I didn't ask you.
02:59And I took that car without your permission.
03:00They don't listen to you when I'm speaking.
03:04When I ask you a question, you'll answer me.
03:06I don't want to hear some pat answer.
03:08I want to hear a lot of I'm sorry's.
03:11I want to hear a lot of I'm sorry's.
03:13Why would I say I'm sorry if they didn't pay attention when they were crossing?
03:18You weren't supposed to be behind the wheel of a car.
03:21But I was paying attention.
03:22You weren't supposed to be behind the wheel of a car.
03:26But why they didn't pay attention?
03:28I'm not speaking to you.
03:29I just told you why.
03:31Why should I say I'm sorry?
03:33Hey, be quiet.
03:36Why should I say I'm sorry if they weren't paying attention?
03:40Because you weren't supposed to be behind the wheel of a car.
03:44If you weren't behind the wheel of a car, whether they were paying attention or not would be irrelevant.
03:50You weren't supposed to be driving.
03:53She thinks you have a big mouth.
03:54You don't have a bigger mouth than me, madam.
03:56I guarantee you, I guarantee you, the last person who drove yesterday that wasn't supposed to drive yesterday because they were drunk killed six.
04:09Nobody's listening to you.
04:10When I'm speaking, nobody's listening to you.
04:14Killed six people.
04:16The last person who drove that wasn't supposed to be behind the wheel of a car killed six people.
04:22You were not supposed to be behind the wheel of a car.
04:28Don't you understand that?
04:30I understand that.
04:30Are you stupid?
04:32I'm not.
04:32You were not supposed to be behind the wheel of a car.
04:35You were an excluded driver.
04:37And you were an excluded driver for a reason.
04:39Not only that, you're not...
04:40Just a second.
04:41Don't speak.
04:42Now I'm going to read and calm myself down.
04:45I don't like my blood pressure to get too high.
04:47I just don't like stupid.
04:55Our investigation, which is after you notified the insurance company, determined that the driver of the insurance car, Jennifer Ramirez, was not covered by the policy.
05:06That's what you told me.
05:08Correct.
05:10I don't understand this.
05:12You were walking, correct?
05:14Correct.
05:14What is this?
05:15Your driving privileges will be suspended on November 21st?
05:18What is that?
05:19I think there was a misunderstanding that we were actually driving a vehicle.
05:23And when I called the DMV and I explained that, no, we're actually pedestrians, then they said, oh, I'm sorry.
05:29Disregard that.
05:30Yeah.
05:31Stupid.
05:32Do you have a letter from them indicating that this is wrong?
05:37They just told me that we can disregard it and they just corrected it.
05:40That's all they did.
05:41And it was stopped because she was also unlicensed?
05:45Just a second.
05:46I'm not there yet.
05:47Okay.
05:48I'm not there with big mouth.
05:51Okay.
05:51This happened on September 4th, 2020.
05:53What time of the day?
05:54It was in the evening.
05:56What time?
05:56It was about 8 p.m.?
05:58It was, yeah, around 8 o'clock.
06:01Light or dark outside?
06:02Dark.
06:03Is that a fair and accurate representation of the intersection where this happened?
06:07It is, Your Honor.
06:08Miss Santiago, is that a fair and accurate representation of the intersection where this happened?
06:13Yes.
06:13So at the intersection where this happened, there were lines across the highway indicating pedestrian walkway?
06:21Correct.
06:21And there were two signs indicating pedestrian walkway?
06:24There were three signs.
06:26One in the center median and one on each side.
06:29On September 4th, Miss Santiago, this requires a yes or a no answer from you.
06:34On September 4th, 2020, did you have a valid driver's license?
06:43What happened when she hit?
06:45Don't!
06:45Don't!
06:46Hey!
06:47Don't speak!
06:48Hey!
06:49Listen, for someone who can't take and pass a driver's test three times, at least I would keep my mouth shut.
07:04Lisa Hildreth and Reza Mahasany claim 20-year-old Jennifer Santiago struck them in a crosswalk while she was driving without a license.
07:18Jennifer says they were not paying attention and walked into oncoming traffic.
07:22Now, on September 4th, Miss Santiago, this requires a yes or a no answer from you.
07:28On September 4th, 2020, did you have a valid driver's license?
07:34I did, Your Honor.
07:36I said it's either a yes or a no.
07:38Did you have a valid driver's license?
07:41No.
07:41Did you ever have a valid driver's license?
07:45No.
07:45Do you have a valid driver's license today?
07:48No, Your Honor, because they...
07:50That's a no.
07:52What's your name?
07:52Vanessa.
07:54What?
07:55Giles.
07:56Stand up.
08:00Did you come with her today?
08:01Yes.
08:02How did you get here?
08:03I drove.
08:04Uh, my license.
08:05Just a second.
08:06You drove?
08:07Yes.
08:08In whose car?
08:09My car.
08:10What kind of car is it?
08:11Kia.
08:11Did you ever drive with Miss Santiago?
08:14Uh, yes.
08:15When?
08:16September...
08:17Did you ever drive in a car where she was the driver and you were the passenger?
08:21When?
08:22September 4th, 2020, two years ago.
08:25Other than September 4th, 2020, did you ever drive with Miss Santiago where you were the passenger?
08:31Yes.
08:31When?
08:33September 4th.
08:33I said other than September 4th.
08:36Other than that, no.
08:36Other than September 4th.
08:38Other than that, no.
08:39On September 4th at 7 p.m., 7 p.m., where were you?
08:43We were at the beach.
08:45Carlsbad Beach.
08:46Sure.
08:46You were at the beach.
08:47Who else was at the beach?
08:49Santiago and another friend.
08:51He's a minor.
08:52He's 16.
08:53There were three of you at the beach?
08:55Yes.
08:56Anybody else that you knew at the beach?
08:57No.
08:58How long had you been at the beach?
09:00Like for an hour.
09:01So you got there at 6 o'clock in the evening?
09:03We got there at 7.
09:05We were going back home at 8.
09:06So you got to the beach at 7.
09:09What did you do at the beach at 7 o'clock?
09:11We were just sitting there, eating, relaxing, having a good time as teenagers as we were.
09:17Now, did Ms. Santiago pick you up or did you meet at her house?
09:22Just think, take a breath.
09:25Did you meet at her house or did Ms. Santiago pick you up?
09:28She picked me up.
09:30How far do you live from her?
09:31Two minutes away.
09:32And what about the 16-year-old minor?
09:35Three minutes away.
09:36Did she pick up the 16-year-old minor?
09:38Yes.
09:39How old was Ms. Santiago in September of 2020?
09:4418.
09:45Are you a good friend of hers?
09:47Yes, I am.
09:48You knew she didn't have a driver's license?
09:50Yes.
09:51Did you know why she didn't have a driver's license?
09:53She was still studying for a test.
09:56Had she taken the test before?
09:57Yes, she has.
09:58She had taken the test before?
10:00Do you remember how many times?
10:02Yes.
10:03How many times did she take the test?
10:04Two times.
10:05And the two times she took the test, she failed it?
10:08Yes, she did.
10:09Okay.
10:09So now she's driving without a license because she's failed her driving test twice at the time of this.
10:15So she's studying to pass it maybe for the third time, right?
10:20Yes.
10:20And now we have two years later, she still doesn't have a driver's license.
10:26Yes.
10:27Do you know why?
10:28No.
10:28Well, you're her good friend.
10:31Didn't you ask her?
10:32Well, it's two years later.
10:33Did you ever pass your driving test?
10:34She hasn't yet.
10:35Sit.
10:39Now tell me what happened at 8 o'clock on the 4th of September, 2020.
10:43I have pictures, if you like, and would it be okay to approach the screen to show you better?
10:50No, it's not necessary.
10:51You were crossing the street.
10:53Correct.
10:53In a crosswalk, she hit you.
10:55Correct.
10:55We were...
10:56You were crossing the street in a crosswalk and she hit you.
10:59Yeah.
11:00So we had come to the crosswalk sign on the left side of the photo.
11:06We pressed the button.
11:08It illuminated the flashing lights to indicate that it was okay to cross.
11:13We looked to the left.
11:14Those two cars were already parked.
11:16We proceeded to the middle and noticed that the car furthest, in the furthest lane from us,
11:21that car was already parked.
11:23We proceeded and we were hit.
11:27What happened when she hit you?
11:28Don't, don't, hey, don't speak, hey, listen, for someone who can't take and pass a driver's test
11:37three times, at least I would keep my mouth shut until I look at you for an answer.
11:44Do you understand?
11:45Yes.
11:48And it was estimated by the officer that we...
11:51No, no, no, no, no, no, no.
11:52She hit you in a crosswalk.
11:53That's a crosswalk.
11:54This young lady knew I'm not...
11:56Did you hear me?
11:57I'm not speaking to you.
12:01You don't understand this was a really bad day for this kind of case to come into court.
12:05You do understand that?
12:06Yes.
12:07Okay, good.
12:08And you know why this is a very bad day for your case to come into court?
12:12No.
12:12Then you don't read the newspapers.
12:14I suggest if you read the newspaper, maybe you would be able to pass your driving test.
12:18Because either you failed the written portion or you failed the driving portion, one or the other.
12:23Do you understand?
12:25Yes, Your Honor.
12:27Good.
12:28Now we understand each other.
12:29Now you're almost at I'm sorry.
12:32You're almost at I'm sorry.
12:36When the defendant's car struck you, where did you land?
12:43I have photos to show you.
12:44I'd like to see it.
12:46It kind of shows on the second photo there.
12:56Oh, you hit her windshield.
12:58Who hit her windshield?
12:59We both did.
13:00Your Honor.
13:01And the hood.
13:02That's not true.
13:04I only saw that her husband, that he hit the windshield.
13:11It wasn't her.
13:13What an idiot.
13:17Kevin, I would like you to show Miss Santiago that photograph.
13:22And this one.
13:30Can I see the police report, please?
13:32Sure.
13:41I'd also like you to show her these.
13:43I just want to, I just want her to take a look at them.
13:48To know what happens when you act irresponsibly.
13:52And you do things that you're not supposed to do.
13:54Like take a car and drive it when you have no license.
13:56When you failed your driving test twice.
14:02The yellow warning lights next to the crosswalk were flashing.
14:06They were not.
14:06Witness one observed plaintiff one driving northbound towards the crosswalk at a fast speed.
14:12She drove through, I'm speaking, not you.
14:15I was not.
14:15I'm speaking, not you.
14:18Lisa Hildreth and Reza Mahasany are accusing 20-year-old Jennifer Santiago of hitting them in a crosswalk while she was driving without a license.
14:40Okay.
14:41Your last name is?
14:43Gillis.
14:44You spoke to the police that day.
14:46Ah, yes, I did.
14:47I don't know what you're doing here as a witness.
14:48She stated she did not see what happened.
14:51That's what it says here.
14:52Ah, yes.
14:53Just a second.
14:54That's what it says here.
14:56Uncross your arms.
14:57Now you can sit down.
15:00Gillis stated she did not see what happened.
15:02However, she identified Miss Santiago as the driver.
15:06And then there was a witness.
15:08Witness one stated she was riding as a passenger in a vehicle driving northbound on the 3100 block of Carlsbad Boulevard.
15:14The two plaintiffs were crossing the road in a marked crosswalk on the south side of the intersection of Carlsbad Boulevard and Oak Avenue.
15:22The two were crossing from the west side of the street to the east side of the street.
15:26The yellow warning lights next to the crosswalk were flashing.
15:29They were not.
15:30Witness one observed plaintiff one driving northbound towards the crosswalk at a fast speed.
15:35She drove through.
15:36I'm speaking, not you.
15:38I was not.
15:39I'm speaking, not you.
15:41I'm reading from a statement in the police report from a witness who stopped when this accident happened that you don't know.
15:51Neither do you.
15:53Okay.
15:54So now we have a witness who neither one of you know who said the yellow lights were flashing, even if they weren't.
16:00There's a crosswalk and there are signs that said pedestrian.
16:04But this witness says the lights were flashing.
16:06Then the officer who did a blood test there for alcohol states as follows.
16:14During the investigation, P1, that would be you, displayed objective symptoms of intoxication.
16:20I noticed her eyes were slightly red and watery.
16:22Her speech was very quiet.
16:24I determined P1 was under the influence of cannabis.
16:27That's not true, Your Honor.
16:29Just a second.
16:30Do you have any supplementary police reports?
16:32The only other thing that I have from the officer is an email that he...
16:37No, no, no.
16:38An email to whom?
16:40An email from the police officer to us.
16:42I'd like to see it.
16:43Sure.
16:50Yes, ma'am.
16:51Okay.
16:59So what you said to the police officer was, and the police officer responded to you, that the report came back negative.
17:08Correct.
17:09And he said, I'm not changing it.
17:10Therefore, it's not a criminal matter.
17:12You have to sue her civilly.
17:14Correct.
17:14Because clearly the accident was her fault.
17:16Correct.
17:18Were you taken to the hospital that day?
17:19We both were.
17:22And you were taken to jail?
17:24Yeah.
17:24When was the last time you took a driving test?
17:26Month and year?
17:28I haven't taken no driving test.
17:30When was the last time you took a driving test, madam?
17:33You failed twice.
17:34So I want to know, when the last time was that you took a driving test?
17:38I can't remember.
17:39It was a long time ago.
17:41Did you take a driving test in the year 2021?
17:46Yeah, I did.
17:47Did you pass that driving test?
17:49No.
17:50Was that your third or fourth driving test?
17:53That was the second.
17:54No, the second.
17:55You took two, according to your friend, before 2020.
18:00I know.
18:01So I asked you, in 2021, did you take it?
18:04You said yes.
18:04You didn't pass it.
18:06And I asked you, was that the third or the fourth test that you had?
18:09That was my second.
18:11No.
18:11I don't know how much more that a court system can do but to say to people who don't have driver's licenses, especially in your case where you tried to get a license but failed to pass on at least two occasions before this incident, which means that you were a risk to be on the road because you couldn't pass a driving test twice before this incident.
18:39Now, you want to tell me whether you, and this requires a short answer, not one of your long ones.
18:45Did you have your mother's permission to take the car that day to pick her up and go to the beach?
18:52No.
18:53Have you ever had your mother's permission to take the car and go anywhere?
18:58No.
18:58So, in effect, if you had no license and you didn't ask for permission, then you stole the car.
19:07No.
19:09What do you mean no?
19:10You didn't have permission of the owner to take the car.
19:13You weren't a licensed driver.
19:15Therefore, there was no insurance.
19:17Well, let's go back.
19:18Did you ever ask your mother to use the car?
19:21No, not at all.
19:22And what happened after you had this accident in your mother's car and after you got out of jail, what happened between you and your mother?
19:33Well, she was sad because I was in jail.
19:39And, well, she was also mad because, like, why would I take the car without her permission?
19:45Why did you take the car without her permission?
19:47Well, I honestly didn't thought that this would happen.
19:54Nobody thinks that an accident is going to happen.
19:57I don't think you intentionally hit these two people.
19:59No.
20:00I don't think you intentionally hit these two people.
20:02Are you ready to say I'm very sorry yet?
20:04Yeah.
20:05I told them through, we have talked before, I told them that I was sorry.
20:11And I'm telling them again that I'm sorry.
20:13Good.
20:14That's better.
20:15Judgment for the plaintiff in the amount of $10,000.
20:17We're finished.
20:18This court is adjourned.
20:23Well, I'm really pleased with the judge's decision.
20:26I didn't see anything until the guy hit the windshield.
20:29We have a young child, so we understand that the driver was young and mistakes happen.
20:35I started screaming and I was scared.
20:38For about three hours in the hospital, I didn't know she was going to live or die, basically.
20:43I was so scared.
20:45Like, I just stayed there.
20:46I was in shock.
20:47It's been rough.
20:48I told them that I was sorry that the accident happened.
20:54I had, like, internal bleeding in my arm.
20:56I have loss of range of motion in my hand.
20:59Well, I honestly, I didn't even want to see them because I was so scared.
21:03It was the unluckiest day and the luckiest day of our life.
21:07So we're here and we're grateful for that.
21:10I was super scared.
21:11Like, I was like, I killed them.
21:14Like, I was grinding Joe.
21:16We both have to deal with physical injuries.
21:18But like Lisa said, it was the unluckiest and luckiest moment of our life.
21:23So we're grateful that we're here.
21:26Being pretty close to 18 myself, I can understand driving my father or mother's car and maybe not understanding if they had insurance or me not having insurance myself.
21:36So I could understand and sympathize maybe with not knowing whether a car was insured or not.
21:42But you know for sure if you went one time, two times, three times and did not pass a driver's test and you don't hold a license in your wallet at 18, you know whether or not you have a license.
21:53And that's unacceptable.
21:54Yeah.
21:54No one expects an accident.
21:56That's the point.
21:57I really felt sorry for those two people.
22:00First stroll and their life has changed.
22:04Want justice?
22:05Go to judyjustice.tv.
22:07Go to judyjustice.tv.
22:15Go to judyjustice.tv.