Are text messages legitimate proof of wrongdoing?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are text messages legitimate proof of wrongdoing?
About a year ago there was an incident that occurred wherein I placed a few small dents on someone’s car. After having a guilty conscience I told this person I did it and that I would pay for the damages. No police report was filed and there is no proof that I did it except for text messages saying that I did. If I were to change my mind about paying, could this go to court? Are text messages enough evidence? Since the incident occurred about a year ago who’s to say that more dents weren’t added throughout the year? I would not want to pay for something that I didn’t do.
Asked on April 3, 2012 under Accident Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The text messages would be powerful proof of your fault, since they are "admissions against interest" by you--that is, they are a type of evidence that is commonly regarded as reliable, since it is a person's statements against his or her own economic self-interest.
The messages only do not guaranty you'd have to pay--it might be possible to show that they were simply the product of hysteria or mistake and you were not responsible for the damage--but they definitely hurt your case. Most lawyers would probably recommend that even if you don't want to pay the full amount, that if the other driver or his/her insurer comes after you, that you at least offer to pay something and try to settle, rather than seek to deny all liability when you've already admitted fault to the other party in writing.
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.