Auto Insurance Claims: Parked cars struck head on, small claims court, parked cars

Question
I am pasting in a question I asked of another and his response, since I am
appalled that this could be true.  I hope this is not offensive to you.   My
intent
is to offer her the opportunity to settle prior to suing her in small claims
court.  I am seeking advice as to what I can include in my law suit, so that I
can present a good argument when the time comes.  Any and all information
or links to information would be greatly appreciated.  Thank you!

QUESTION: Recently in Sacramento CA, two of my cars were struck by another
driver
while my cars were parked.  The driver came across the center of the street to
hit them both.  The driver claimed that she had a panic attack and lost control
of her car.  She refused a ride to the hospital from the ambulance on the
scene
and the Police officers allowed her to drive the car away without citing her for
the lane violation and did not file a police report since no one was injured
(they stated that this is the procedure in Sacramento County).  Neither of my
cars are insured since we rarely drive them and her insurance is now denying
"legal culpability" since their insured suffered from a "non-preexisting
condition that caused their insured to blackout"  I know that she is completely  
liable??? and need to know what i need to do hopefully settle this without
taking her to court if possible.  Can you assist me with information regarding
what sections of the vehicle code she has violated and what I need to do see
that she is cited and investigated for this crime.  Any and all information that
will assist me would be greatly appreciated.  I look forward to your reply.  
thank you.
ANSWER: If a person loses control of a vehicle due to a non preexisting
medical condition, neither they nor their insurance company are liable.  

As far as you forcing law enforcement to investigate and cite her for the
incident, good luck.  It is up to the discretion of the officer and this is not
what would legally constitute a "crime".

Your only recourse at this point would be to sue her and then prove to the
court that she did not suffer from a sudden attack of any kind.  It will be your
word against hers.

Good luck!

Answer
Hi Joey,

Unfortunately, I am in agreement with the previous answer you received.  

The police will be of no help here. Their is no "crime". If you file a law suit the burden of proof is on you. You may be able to argue that this person damaged your property, and then they will try to claim the medical condition caused the accident and that they are not liable.  

Actually you likely should go ahead and file the suit. You can prove the damage to your vehicles. It would be interesting to see how credible the other persons defense will be without having gone to the hospital. Also if she states that she has had panic attacts in the past, then it is not a "non-prexisting" condition.

Its up to you how far you are willing to push this.

I hope this helps
Richard Hixenbaugh