do I have enough evidence to take this to small claims court?

UPDATED: Sep 30, 2022

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do I have enough evidence to take this to small claims court?

I was in an accident without injury. The other vehicle was backing out of her driveway onto the road I was passing by at same time. She struck my car and the police came but refused to make out an accident report because he said there was not more than 500 dollars worth of damage done. I exchanged insurance info with the driver and left. Her insurance called me and asked what happened I told her and she said my story did not match up to what the other driver said. She said that she never left her driveway and stopped before entering road. I was shocked..she lied I told her insurance company that I had my passenger vas a witness and she said I can’t use him as a witness because I know him. I also have another witness that approached the scene after the accident happened and saw both cars, mine and the other car in the road blocking her from getting by. Again the insurance company for other driver denied responsibility after taking the other witnesses statement. I have 815.88 worth of damage to my car and now stuck with the repairs because of lies told by other driver. Should I take the driver to small claims court? Do I have a chance at winning the case if I do?

Asked on February 10, 2017 under Accident Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Actually, if you have three witnesses (including yourself), you have a very good chance of winning, especially since the facts/context tend to support you: it's far more credible or likely that she backed into the road than that you went into her driveway where she hit you (since if she never left her driveway, you would have had to have been in it, to be hit). Contrary to what the insurance representative said, you can use friends or family as witness--yes, the other side can claim they are biased, but the judge will evaluate their creditibility--there is no bar on using them, it's just that the relationship is a factor to be considered.
Remember that you will need your witnesses with you on the day of trial.

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