There was some damage to the vehicle and one penny hit him in the face. He got the license plate, a description of the driver and vehicle, which he gave to police. The police officer did not do anything to the other driver but he gave my brother the name and address of the person so he could file a civil complaint. The officer also looked the person up in his computer and stated to my brother that the other driver appears to have a "history". If criminal prosecution is not an option, what kind of civil recourse may there be. What is a reasonable course, small claims?, regular court?, amount for pain and suffering?, and any other related information would be greatly appreciated.
Your brother could pursue a civil action against the driver; however, there he would need to be damaged enough to make it worth his time and energy. Unless he can really set out damages other than just aggravation it is likely a claim not worth pursuing. He can always go to the county attorney's office and file a criminal charge as well.
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