hit from behind
and my back hurts
and my kids were in the car
she says to me "no harm done, no harm done"
i got her info, tag, and took phone pics but didnt call 911
what would you do, any law folks on FO? this is florida by the way
Well, fuck what she says...if you have damages (to you, your children or property) and she caused them she (likely by way of her insurance company) is liable. Simple as that.
Now the point is proving your case. Like some have mentioned..a police report helps and as some mentioned calling the cops in this case (not necessarily 911 as you didn't have an emergency it doesn't sound) would have been the thing to do since it appears she was clearly in the wrong.
If you have any other disinterested parties (people other than your kids) who are willing to give their version in affidavit or testimony is another help to your case.
The next thing is determining and establishing what damages you have...if you're injured you go to have it checked and diagnosed. Whatever that costs you in lost income, diagnoses or treatment is something she's liable for. Certainly any damage to your car....
Assume you will have to go to court even if you don't. The easiest way to have your damages attended to is to let your insurance company go after her insurance company to recoup your damages.
Failing that... sue her, prove your damages, prove her liability and get your judgment.
Incidentally, in minor accidents it is much better to collect witnesses than necessarily get the police involved when the liability is unclear. Usually both people get the hit on their driving record when the cop files the report.
A line of witness who saw what happen and support your version on the spot is in some ways more effective in making the other person see their fault.
A cop is just going to write up what the both of you tell him and make his determination that you'll find out later.
In court a judge may inquire about why you didn't get a report...simply tell them you initially thought the damages would be less than $250...really it's up to you whether to get the cops involved at the risk of getting your driving record affected.