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I was backing out of a parking space and hit another car that was slowly passing by. It was a fender bender.

Longwood, FL |

We decided not to call the police. I took pictures of the fender of her Honda , and of the bumper of my SUV. A day later and after studying the pictures I realized that the damage to her car, doesn't seem consistent with the damage as captured by my Iphone. In other words the other driver presumably is having me pay for a old damage I did not cause, together with the one I caused.. I want to take her to Small Claims Court. Of course, this would be a trial of: " He says, she says". Any idea how the Small Court Judge would go about to determine whether she is telling the truth or not about the extent of the damage caused by me. And, what my changes are of winning this case.

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Filed under: Small claims court
Attorney answers 3


You can't "take" her to court to disprove her claim for property damage. Your option is to reject her claim and she if she "takes" you to court. The borden of proof would rest with her, meaning she would have to prove her case to a judge's satisfaction. Good luck.

The author of this post is licensed to practice law in the District of Columbia, Maryland, and Virginia. This post is intended as general information only, and is not provided as legal advice in connection with any specific case, and does not create an attorney-client relationship.


You did not state whether or not you had insurance. If you did have insurance at the time of the accident, notify them immediately and let them handle it. If you did not have insurance, then just refuse to pay the damages and let them take you to court. You were smart to take pictures of the accident to defend you in court. Nevertheless, you should always call the police in order to get an accident report.

This was not intended to constitute legal advice. This does not create an attorney-client relationship. If you would like a free consultation, call 407-831-8522 or visit The Sunner Law Firm at


let your insurance handle it.