• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

auto accident witness

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

dmcclure

Guest
What is the name of your state? What is the name of your state? Florida

I witnessed an accident between my Daughter in Law and a 17 year old driver of another vehicle. I was behind my Daughter in Law and we were both in the middle of an intersection when the other driver ran a red light. We had the green arrow. The officer took my statement and there were no other witnesses that came forward. The other driver was given the citation. Now his insurance company is trying to have the citation reversed because the only witness is an "interested party" because I'm a relative they say I am not credible. Can I be a witness?
 


I AM ALWAYS LIABLE

Senior Member
dmcclure said:
What is the name of your state? What is the name of your state? Florida

I witnessed an accident between my Daughter in Law and a 17 year old driver of another vehicle. I was behind my Daughter in Law and we were both in the middle of an intersection when the other driver ran a red light. We had the green arrow. The officer took my statement and there were no other witnesses that came forward. The other driver was given the citation. Now his insurance company is trying to have the citation reversed because the only witness is an "interested party" because I'm a relative they say I am not credible. Can I be a witness?

My response:

Well, yes, you can be a "witness". It's just that your potential testimony can be viewed as biased; ergo, not very strong credibility. So, your testimony wouldn't be viewed as even-handed, like an independent witnesses' would be. It's really quite logical when you think about it.

IAAL
 
D

dmcclure

Guest
witness

Do you believe they can have the citation reversed based on the fact that I am a relative?
 

I AM ALWAYS LIABLE

Senior Member
Re: witness

dmcclure said:
Do you believe they can have the citation reversed based on the fact that I am a relative?

My response:

There's a good possibility that the insurance company can make a convincing argument about your bias, resulting in the reversal of the citation - - AND the fault for the accident as a whole too.

IAAL
 
M

Mamasita

Guest
I Understand your frustration!

I was involved in an accident recently and I am having the same problem with my insurance company. There were no tickets issued in my accident, however my insurance company is saying that I am 70% at fault based primarily on and independant witness who was 320 feet away. My 19 year old son was in the car with me, but they are not even considering his statment because he is related to me. I understand your frustration completely!!!! They keep telling me that a jury would not believe my son because he is related to me. although I disagree because I have been on jury duty several times and you cannot give one witness more credibility than another because they are related to one of the parties. I even consulted with an attorney, but it would be too costly to pursue this in court since I am basically just trying to change the insurance companies decision on who they think is the majority at fault. He suggested that I go in and have a face to face meeting with the ins. co. which I did, but it of course did no good. Just wanted to let you know that this seems to be how they work.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top