REAL LIFE QUESTION FROM A REAL PERSON:
A man hit my car from behind he now has a false witness what can i do there was other cars around but no standing witnesses and both myself or the other driver did not get any witnesses before we left the scene
ANSWER FROM Purchase, George & MURPHEY:
This can be challenging. I'm presuming the police were not called and that you were alone. Now, the other driver has produced a witness who wasn't there at the time of accident and this witness blames you for the accident.
There are three keys to exposing the witness (and the other driver) as frauds. First, your insurance carrier, lawyer or an independent investigator should try to get the witness and other driver to give a recorded statement or sign a written statement that locks their story in so that it cannot later be altered when evidence is developed that proves them to be frauds.
Second, you or your lawyer or carrier have to do the hard work of finding evidence that is at odds with their story. Can you place the witness elsewhere at the time of the accident, perhaps at work? Is the physical evidence of the accident consistent with what the witness describes? Was there surveillance in the area of the accident, perhaps at a nearby business, that shows the accident happening differently?
Third, you must be prepared to respond to both direct and cross-examination in a calm, clear and factual manner. Your credibility and confidence will help to demonstrate that the other driver and his witness are trying to pull one over on your jury.