Driving & Driving Test Tips: Car Accident - Side Collision, totality of the circumstances, 18 yr old


Question
My daughter (18 yr. old) was involved in an car accident.  I was following her car (1) and witness the entire event from my car (x).  My daughter stopped at a red light to make a right turn.  I was also stopped directly behind her.  A car (2) passed me closely on the left. I noticed the driver was looking left as he was passing and kept looking left while turning car (2) right, yes, right into my daughters car (1). He side swiped the entire length of the car (1) before stopping.

I later found out that the driver of car (2) made a fradulent claim by stating my daughter had attempted to move between his car (2) and the curb during the right hand turn.

Problem:  The insurance company will not take my statement because we are related even though I saw the entire accident.  No other witnesses were available.

Question: If I can prove the scrapes on the car (1) were made from back to front then my story can be proven to be true that car (1) was stopped and car (3) was moving into car (1).  Is this possible?

Answer
Yes an analysis of the damage pattern will show the true dynamics of the collision.  Still insist that the insurance company include your statement.  You might be a family member but in a court of law, if it would go to a civil trial, the jury must weigh the weight of your statement in relationship to the totality of the circumstances, and not the insurance company.