If there are no witnesses to a vehicle getting scratched in a parking lot butsomeone files a small claims case, what will happen?

Get Legal Help Today

 Secured with SHA-256 Encryption

If there are no witnesses to a vehicle getting scratched in a parking lot butsomeone files a small claims case, what will happen?

I was accused of scratching a co-worker’s vehicle in our company parking lot. I tried to help the employee, who then accused me of the action and said I was responsible. They filed in small claims court against me. There were no witnesses to the incident and the parking lot was icy that day.

Asked on February 8, 2012 under Accident Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whomever is suing you has the burden of proof. That means that he or she must prove his or her case by a "preponderance of the evidence," or that it is more  likely than not that it happened the way that person says. The case he or she must prove is that you either negligently (carelessly) or intentionally damaged his or her car. That person can present his or her testimony about what happened; you can present your testimony, and your respectively credibility will be weighed by the court.

If your credibility is equal in the court's eyes and you both otherwise have the same amount (or lack thereof) of evidence, you should win, since you don't have to prove anything--but the plaintiff (the one suing you) does.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption