You Can Trust This Eyewitness To See You Get Creamed

You Can Trust This Eyewitness To See You Get Creamed

In a book I created and published 34 years ago called How to Settle Your Own Insurance Claim, I said, "An eye witness can make or break your case. Maintaining your composure after collision necessitates your first action being to locate a witness. Don't be shy after noticing such a person. 

Talk to them immediately and inquire if they witnessed the mishap. If so, write down their contact information (name, address, phone number). If you are unable to stop them in time, write down their vehicle registration number so you may find out who they are by contacting your local DMV.

What I wrote more than three decades ago is still relevant today. (In fact, little has changed in the last sixty years about insurance claims.) Even as they moan about the money they're losing on claims, companies like Rock Solid Insurance Corporation continue to charge exorbitant premiums and exploit any victims of car crashes they can get their hands on.

The Importance of A Witness

When you've been in an accident, an eyewitness who saw the collision can be invaluable since they can provide a detailed narrative of what happened and provide crucial context for the rest of the evidence. Get them to write down their thoughts (or record a tape or make a video) as much as possible. A "witness person" might be anyone who saw what happened, including passersby, drivers of other cars who weren't involved in the collision, and passengers in other cars.

Make Use of the Witness: How does one go about actually obtaining the necessary witnesses, testimonies, and cooperation? To start, keep in mind that an expert adjuster can easily persuade a witness to change their testimony if he or she is cornered first. You have a better chance of persuading the witness to agree with your version of events and/or to take your side in the case if you act swiftly. If they do, you can count your money.

You need to get in touch with all the people on the list of potential witnesses you made right after the accident (or found in the police report) and ask them what they saw or what they know about what happened. The best method is to have them write out in their own words what they saw. If they are unable to do so, you should write their statement (or at least jot it down on a pad) and have each witness sign and date it. Take notes about their reactions, thoughts, and impressions of the situation.

After you have finished questioning each witness, request that he or she read back his or her statement.Have them sign and date it, then fill in their contact information, such as an address and phone number. (Have them initial and date the bottom of each page if the statement is longer than one, then have them sign their full name and date at the end.)

You need to generate a copy of what they signed and deliver it to them. For later reference, should the adjuster try to hustle and deceive them into declaring otherwise, they will have written proof to show that adjuster exactly what they informed you, and therefore will be able to stand firm in their original statements.

Recovery of A Lost Witness

The witness whose name, address, and phone number you have may not be reachable or easily located. It's possible that the witness has disappeared. The following are two methods that can be used to track down a potential witness.

You should: send a "certified" or "registered" letter to the witness at his or her last known address, marking "Return Receipt Requested" and "Address Only" on the envelope. The witness's current address should be completely entered on the return receipt you receive from the post office, which should have been signed by the witness or completed by the post office.

Second, there are dozens of ways to find someone online if you have their entire name and address and are experienced with cyberspace. If you're not tech-savvy, it's best to get assistance from someone who is.

In conclusion, for the majority of my life, I worked as an accident investigator. First, I worked as a private investigator for auto accidents while I was in college; then, as a Special Investigator for the United States Navy, I covered major military auto accidents in the Midwest; and finally, after my naval haze lifted, I spent over thirty years in various claims-related roles as an adjuster, supervisor, manager, and trial assistant. From personal experience, I can say that having a witness to a car crash can greatly strengthen your case. In the event of an accident, it is possible that there were witnesses who saw or heard anything that lends credence to your version of events. 

They may also reveal details about the other driver's negligence that you were previously unaware of. A witness may have heard a verbal remark implying someone other than you was at fault. Witnesses who did not see the collision itself may have seen you immediately afterward and been able to attest to your obvious distress. A signed statement submitted to Adjuster Hard-Nose, collected from somebody who did not know you personally and explaining the anguish you were undergoing at the spot shortly after you were banged into, is even more money in the bank.