Auto Insurance Claims: Validity of a witness, fender bender, rear view mirror


Question
Can someone who is in their car viewing an fender bender from their rear view mirror be a valid witness.  The witness did not have clear visibility of the impact as the car backing out was directly behind her and on the opposite side of both her car and my car that was parallel to her car at the time. My car was hit on the rear left bumper by the car backing out. The "witness" was in her car on the opposite side of the person who hit my car waiting to back out.  

Answer
Hi Sam,

Unfortunately, there is no way that I can tell you what someone else may have seen or not seen. It will be up to the insurance adjuster to determine how much weight to give to this persons statements. The adjuster will have to question them in a very detailed manner. If the adjuster determines that they were able to see and that there statements are credible then that is there decision.

If you disagree then you may need to hire an atttorney who would require a deposition of the wittness and can try to fight the witnessess statements.

I hope this helps
Richard Hixenbaugh