If there are no witnesses to a vehicle getting scratched in a parking lot butsomeone files a small claims case, what will happen?
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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 12 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.
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