How can I prove that is defendant is misrepresenting the facts of an accident?

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How can I prove that is defendant is misrepresenting the facts of an accident?

My car was scratched by the defendant’s shopping cart several months ago. They were going to pay for the damage but didn’t. I met them at the court and they showed me picture of my car that they took but they didn’t take the side that was scratched; they said that they didn’t scratch that much. Also, they are saying that the estimate can’t be more than $1000 and showed me their estimate and $54. I also showed her picture I took but they are saying I scratched more. I didn’t and the scratch of course has gotten much worse because without getting paid I have not been able to get it fixed since it happened 4 months ago. I worry that they will say that I am lying in the court and will lose. Do I have to care about what they are saying?

Asked on August 19, 2013 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you're in court--that is, you were sued or sued them--then what they say matters: it  is testimony and evidence that the court will consider in deciding who was at fault, who must pay how much to whom, etc. You should counter with your own evidence and testimony, including the testimony of other witnesses who will support or bolster what you say. The court will weigh all the evidence, all the testimony, and the apparent credibility of the witnesses in coming to a judgment.


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