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purchase, george & murphey.

purchase, george & murphey.

Real Life Question-and-Answer Series: A False Witness

Tower near water Marina

A False Witness Is Lying About My Car Accident Case: What Can I Do?

A man hit my car from behind. He now has a false witness. What can I do? There were other cars around but no standing witnesses, and neither I nor the other driver got any witnesses before we left the scene.

ANSWER from Purchase, George & Murphey:

This can be challenging. I’m presuming that the police were not called and that you were alone in your car. Now, the other driver has produced a witness who wasn’t there at the time of the car accident and this witness blames you for the accident.

There are three keys to exposing the witness (and the other driver) as a fraud. 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 insurance carrier have to do the hard work of finding evidence that is at odds with the false witness’ 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.