Auto Insurance Claims: One car Accident, independent witness, vehicel

Question
In the state of Alabama, an insured motorist caused an uninsured motorist to crash into the interstate wall by coming over in his lane. The uninsured motorist was trying to avoid the car. The two cars involved did not hit. The police wrote up the report as a one car accident with the motorist who caused the accident as a "witness". Is the insured motorist who caused the accident liable for the uninsured motorist damages?

Answer
Hi Marie,

Although you would think so, the reality is that unless there was an independent witness who could attest to the fact that one vehicle forced the other off the road it will likely be considered the fault of the one with the damaged vehicel.

The reason is that the 1st car will not admit to forcing the other car off the road. Everyone will assume that the uninsured person over reacted to the situation, was unable to maintain control of their vehicle and therefore caused the accident.

I hope this helps
Richard Hixenbaugh