The case normally gets settled along the way of the litigation. The insurance companies look at the physical evidence and the versions of the two drivers and attempt to determine what a jury might rule. In most accidents, there are no independent witnesses.
There are at least 2 witnesses, driver one and driver 2. Jury has to believe one or the other. And if the police investigated they will tend the believe what the officer suggests was the cause of the collision.
It depends on how important are the witnesses. In other words, if I ran into the rear of your car while you were stopped at a red light behind other cars, I don't think you would need witnesses to blame me.
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