Here’s one of the questions an insurance adjuster will ask when you file a car insurance claim:
“Did anyone else witness the accident?”
Without a doubt, witnesses have a major impact on the outcome of your insurance claim. Witnesses provide an impartial perspective as to what happened. At the same time, they may provide the missing pieces in the incident as they saw it from a different viewpoint compared to the people involved.
Just How Important are Witness Statements in Car Accident Cases?
Witness statements have a significant weight as evidence that can help establish who was at fault in the accident. When you have several eyewitnesses corroborating the same facts then it substantially bolsters your case. In that case you can recover your lost wages.
This only underscores the importance of promptly identifying and obtaining the contact information of eyewitnesses following your car accident. By doing so, you or your lawyer can reach out to them and get their statements.
Three Types of Car Accident Witnesses
There are 3 main classifications of car accidents witnesses:
First-Party Witnesses
These people are directly involved in the accident, such as the drivers or passengers. They are important witnesses but they have a vested interest in the case’s outcome, so their testimonies and statements aren’t exactly considered unbiased.
Third-Party Witnesses
These individuals are impartial observers with no personal or financial stake in the case. Some common examples are pedestrians, cyclists, occupants of other vehicles on the road, as well as nearby residents or businesses who witnessed the accident.
Expert Witnesses
Expert witnesses have specialized knowledge and opinions that may be relevant to the case. For example, an accident reconstruction expert may analyze evidence and determine fault. A medical doctor may be able to provide diagnosis and determine the factors that caused injuries in the aftermath of the accident.
Factors That Affect Witness Credibility
The credibility of a witness plays a crucial role in your or your lawyer’s ability to get a good settlement offer. In cases where the fault is unclear, the at-fault driver’s insurer or their defense team will often scrutinize the witness testimony and they will keep searching for inconsistencies or flaws in their recollection or character.
This means that when your car accident claim hinges on eyewitness accounts, you should see to it that your witnesses will be an asset to your case rather than undermine it. A thorough vetting and preparation of witnesses should be done.
Take into consideration the following factors when choosing your witnesses:
Location and Perception
The witness’ ability to accurately perceive events surrounding your accident is important in determining their credibility. Their distance from the accident, exact location, and any distractions present during that time can affect how reliable their observations are. If they were intoxicated or have impaired vision for example, this can affect their perception and will thus make them less credible.
Character and Bias
Witnesses with personal connections to those involved in the case such as friends or relatives may be viewed as having vested interests. Past criminal convictions or a history of dishonesty can also hurt the witness’s credibility and raise doubts about their reliability.
Consistency
Discrepancies or contradictions between statements they’ve made at different times or in different settings also lower the confidence in their reliability. For example, if the statements they made to law enforcement and their testimony in court are different then that makes them less credible.
Choosing Your Witnesses
Establishing witness credibility can be challenging but here are some key characteristics that contribute to a witness’s credibility:
- Clean Criminal History and Moral Character
- Absence of Personal Relationships to Those Involved in the Accident
- Physical and Mental Well-being
- Sobriety
- Clear and Unobstructed View of the Accident
On the other hand, certain characteristics can negatively affect the witness’s credibility and make them vulnerable to being discredited by the defense. These include:
- Witnesses who did not actually witness the entire accident
- Those who were engaged in distracting activities at the time of the accident
- Witnesses providing conflicting or inconsistent versions of events
- Those who are related to or have personal ties to individuals involved
in the accident - Witnesses who struggle to articulate due to factors such as age, IQ,
physical condition or mental health.
Final Thoughts
When insurance adjusters assess a car accident claim, they will meticulously examine all available evidence to determine the cause of the crash, including reviewing eyewitness accounts.
When you are able to get consistent testimony from multiple credible witnesses, it can greatly expedite the claims process. However, inconsistent or conflicting witness statements can only hurt your case and may lead the insurance provider to lower their settlement offer or deny your claim entirely.