QuestionMy neighbor across the street has accused my husband of hitting her car one day while coming home from work. She is confident of this based on the testimony of an eight year old little girl (whose mother so happens to be good friends with this lady as well). According to the little girl my husband hit her car. According to my husband, he did not. Our insurance company denied the claim after performing their own investigation. They say there is no evidence that our car came in contact with hers. We are very worried because the neighbor across the street is not determined to take us to court and somehow force us to be liable for this. Does she really have a case? I mean what are the chances they could somehow prove we did it, even though we didn't? I know when it's he-said vs she-said it can get tricky and I'm worried they wont believe us.
Answer Hello,
It really is not a case of "he-said vs she-said". What it is, is a case of physical evidence. If your car hit the neighbor's car, there will be evidence on both cars. With regards to your car - does it have any damage at all? If so, where is the damage? Is it consistent with the damage on the other car?
In order for the neighbor to "prove" that your vehicle struck their vehicle, she would have to present physical evidence to support her claim. That would mean photos of both vehicles. She might try to explain it herself. That might work if the evidence was painfully obvious. For example, paint transfer. But, in addition to damage, she would also need to provide precise details as to how the vehicles came into contact. Can the 8 yr old witness provide that?
My guess is that none of these elements of proof were met in the insurance company investigation, hence their denial. Assuming that was a genuine investigation, it is unlikely that she could convince a court.
But, strange things happen. Can she sue you? Yes. Will she win? Probably not unless she has some pretty substantial evidence.
Legitimate evidence cases would require the services of an accident reconstructionist. These specialists do not come cheaply. I doubt your neighbor is willing to fork out that kind of money. Probably, it would be more cost effective for her to just file a Collision claim or pay for the damages out of pocket. Understanding, of course, that you have not detailed the extent of damages.
Bottom line, 2 points - if she is going to file a court claim, she'd better be prepared to prove it. And, on the outside chance that someone in your family did it, the time is now to 'fess up!
Good luck
Jane Pytel
http://InsuranceExpertAdvice.com
http://SolutionsForYourInsuranceClaim.com
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