Accident without witness

[nasreddin]

I was in a strip mall when the accident happened. Another car in front and my car are both waiting to make a right turn to the main road. Both cars are fulled stopped. All of a sudden, the car in front of me started backing up very fast and slammed into my car. My car's front bumper is severely damaged so is his tail bumper. The other driver was alone. I had my wife and daughter in the car who saw the whole thing. Unfortunately there was no witness at the scene. I called the police. The officer showed up in a few minutes and told us, the strip mall is private property, so he can't write a report. He suggested us to file claim through insurance and left. Since there was no third party witness, the other driver will likely lie about what happened when talking to his insurance company. I recorded a conversation on my phone when I was exchanging information with him right after the accident and he admitted he didn't see my car when he was reversing. However, we were talking in Chinese. Can this audio clip be used as evidence when the insurance companies try to determine whose fault it was?

 

[HighwayMan]

You conveniently ignored the question asking what STATE you're in.

 

[nasreddin]

You conveniently ignored the question asking what STATE you're in.

Sorry this is in Texas

 

[HighwayMan]

Well, you'll find out soon enough if the person lied. You DID report the accident to your insurance company, right?

You can speak to your claim rep about your recording and see if they're interested. SOME people are honest so it may not even be necessary.

 

[adjusterjack]

Can this audio clip be used as evidence when the insurance companies try to determine whose fault it was?

Yes. But what you will have to do is find a professional translator (not a friend or family member) who can make a written transcript in English with a sworn affidavit as to its accuracy. That translator should have experience testifying in court should it be necessary.

With that transcript you can probably be successful in filing a claim with the other driver's insurance company.

You can make the claim on your collision coverage but you'll still need the transcript for your insurance company to seek reimbursement from the other driver's insurance.