No Independent Witness

[SueBee]

OREGON: I was involved in an accident where the other driver crossed over the lane and struck my vehicle in 2-3 places and caused injury to my vehicle as well as my husband's shoulder. There are no independent witnesses other than my husband (who is a police officer). He observed the woman cross over the line then strike us, however, our insurance company says since it is a "word vs. word" situation, and there is no "independent" witness, they cannot recover from the other driver. Would hiring an attorney help in this case? Or would we be told the same thing as the insurance company? I can't believe this woman will just walk away from the situation without assuming responsibility for her actions! Thanks for your help.

 

[Masthera]

i am not sure how the rules differ from state to state but, i was in a car accident in pa and we did not call the police, there is only one witness (who did not really see the accident occur), and only my word against hers and the evidence. I filed a claim with my insurance company so that i could get my car fixed. Her insurance later claimed only 75% fault (the accident is obviously 100% her fault) so now my insurance has taken it to arbitration to get 100%. I have filed a suit against her insurance co and am getting treatment for my injuries. the personal injury coverage under my insurance (live in MD, and they do not give you much) has run out so now i have to have everything go through my major medical and wait to hopefully get reembursed from my case for anything out of pocket. Just make sure that you and your husband get treatment for any injuries so that they are on record incase you do try to sue. The ones at fault always see to get off unless you fight. Good Luck!