QUESTION
If no witnesses, how do you find fault in a car accident?
Asked on Sep 30th, 2013 on Personal Injury - Oklahoma
More details to this question:
It was me and one other car with only one driver. He thinks it was my fault, I think it was his fault. It was a dark road, no stop lights only a yield sign and he made a left turn without looking. He claims my lights were not on.
8 ANSWERS
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Typically this type of case is a matter of which of the 2 of you is more believable, which often boils down to appearances and how you express yourself. On the other hand, there are accident reconstruction expert witnesses who may be able to offer opinion evidence based on damage patterns to the vehicles and/or crash debris on the roadway as to who is at fault. Of course, these witnesses are expensive and must be retained and paid an hourly rate for their time/expertise.
Answered on Oct 08th, 2013 at 3:05 AM
NA richard@jandjlaw.com
It's a swearing contest. You'll have to rely on whatever physical evidence there was at the scene to perhaps be able to recreate the accident. Tire marks, broken glass, debris, etc.
Answered on Oct 01st, 2013 at 1:22 PM
Ronald A. Steinberg
Have a trial. perhaps one of you will be a better witness than the other.
Answered on Oct 01st, 2013 at 9:01 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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He said, she said. Insurance companies love em and will not pay. Why should they. They have at least a 50 percent chance to win don't they?
Answered on Oct 01st, 2013 at 4:10 AM
Edwin K. Niles
The left-turner is almost always at fault. But of course his or her insurance co. will deny your claim. If its property damage only, the insurance cos. will probably have an arbitration.
Answered on Oct 01st, 2013 at 3:47 AM
James Eugene Hasser
If both of you were at fault, no one recovers. Good luck.
Answered on Oct 01st, 2013 at 2:57 AM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Essentially your word against his, but look for all circumstantial evidence to support your position, ie. location of impact on cars involved, direction each car traveling, surrounding lighting, right of way, etc.
Answered on Oct 01st, 2013 at 2:57 AM
Make a claim against his insurance. If they deny, then you file suit. That's what courts are for, when people can't agree.
Answered on Oct 01st, 2013 at 2:56 AM