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What happens to you when there was no eyewitnesses during the car accident.?
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What happens to you when there was no eyewitnesses during the car accident.?

My dad recently got into accident and he said it's not his fault and that he had the right-of-way... so far, i don't know what's going to happen... so if there was no eye witnesses, what happens? also how are the insurance company going to work this out? and about the wreck car and how are we going to get our new car??
Additional Details
about car, i am just saying how fast can we get the car so he can go to work and etc...
also, my dad is fine, but the guy who probably at fault is at hospital and looks like he wants to fight in court or something due to injury(?)... is this possible??


    




Luna & Lawnboy
If your father has Collision coverage, his insurance will pay for the damage to his vehicle. The adjuster will determine liability. This is what they do for a living. They will need statement's from both parties, and if there was a police report they will request the report. If a locus investigation(photos of the accident scene) is needed, they will complete one. If your father has no collision coverage, he needs to file a claim against the other party's insurer. Again, the adjuster will determine liability. Unbiased witnesses are not always available after a motor vehicle accident.

His insurance company will then subrogate against the other insurer and attempt to recover what they paid out. The comparative negligence rules vary from state to state. In some states, even if you are only 1% at fault for an accident, you are barred from recovery. In others, you can be 99% at fault for an accident and recover the 1%. If you have collision coverage this does not apply.

Yes, the other guy can sue your father. If this should be the case, refer the complaint over to your insurer asap. They will refer the matter to defense counsel who will defend your father.


Best answer usually the simplest
The insurance company will send investigators to the accident scene and they will also check police reports and through all that will make their determination. I am not saying you are going to get a new car....as that is worked out with the other insurance company.


charlessmith702210@sbcglobal.net
Rating
You still need to file an accident report to the police in most jurisdictions or you could face legal ramifications, including jail.

Just be sure that under penalty of perjury that you state that there is no witnesses to the accident.

Avoid telling the other driver the name of the insurance company that you are having...just exchange names and phone numbers and that is it.

Also, be prepared for a day in civil court if you are summoned for possible civil damages for the accident even with insurance, so make sure your insurance has enough liability coverage, which will be no problem now that most states require drivers to have car insurance with at least minimum liability coverage...especially when you are in an accident.

Hope all of this helps.


loco_tech85
Rating
Having an independent witness is not required to determine who was at fault at any car accident.

Police Officers and insurance claims adjusters are trained to be able to determine who is at fault at the scene of an accident.

Police accident reports can be very helpful in this matter, not to mention the position and extent of damage.

Contrary to popular belief, an Officer doesn't have to put your version of the accident on the report (the other driver's either). They are however required to ask what happened and then between the drivers' statements and an on-scene investigation be able to state what occurred.


mbrcatz
Well, someone is always at fault. There are "standards" of fault . The adjusters at the insurance companies will look at the damage from both cars, and look at the location where the accident happened, and figure out how it happened, and they will decide who really had the right of way.

In my experience, about 95% of people think it was the other guy's fault. And about half of the rest, lie about it, LOL. So people are wrong half the time, about fault.

Regardless of whose insurance pays, the vast majority of policies will NOT pay for a new car. They only pay what the old car is worth.


boobookittyfck37
Did your dad call the cops? If he was not at fault he should definetly have called the police to the scene. At least a police report would help support the fact that he is not at fault which will help in the insurance compaines determination.


fourthitude
When a tree falls in the forest and there is no one there to hear it, does it make a sound?

Seriously, insurance companies and the police do have ways to determine who is at fault based on the damage on the cars. Let the insurance companies work it out. That is what you pay them for. Look into the policy and see what your insurance covers about replacing the car or having it fixed (if still possible).


people are idiots
Rating
Just because your current car is wrecked doesn't mean that you will get a new car.


Patrick H
go to a laywer and battle it out in court u sound like u have a good case.





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