Whatto do if we lost a small claims case this morning because we did not bring an expert witness to testify as to the value of the vehicle we lost?

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Whatto do if we lost a small claims case this morning because we did not bring an expert witness to testify as to the value of the vehicle we lost?

The defendant admitted liability and we brought photos, a written estimate and a Kelly Blue Book statement of value but the judge said that was not enough and found for the defendant. Can you ask for a rehearing and bring a mechanic at that point? Does the mechanic have to be one that inspected the vehicle or can it be someone who inspected photos of the vehicle?

Asked on April 16, 2013 under Accident Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, you do not have a right to a rehearing. You could appeal the decision, but would have to have some basis in law or fact to show that the judge made a material (or significant) error. That is, from what you write, not likely to be the case, unfortunately; you do need to bring an expert in to testify as to his/her opinon and cannot generally just introduce a written estimate as evidence--that is, there is a good chance the judge's decision was correct.


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