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Thirty four years ago, in a book I wrote and was published, entitled,
How To Settle Your Own Insurance Claim, I stated: “An eye witness can make or
break your case. If you’ve been able to keep your wits about you the first thing
you should do, immediately after impact has occurred, is to find somebody who
observed it. After having spotted such a person, don’t be bashful. Go right
over to them and ask if they saw the accident ? If they did, jot down their
name, address and telephone number. Should they drive away before you can zero
in on them, make note of their motor vehicle’s registration number so you can
later obtain their name through the department of motor vehicle office.”
What I wrote, over thirty
years ago, remains true today. (As a matter of fact, when it comes to insurance
claims, little has changed over the past sixty years)!
A WITNESS
CAN BE CRUCIAL: When you've been smashed into, one of the most important
sources of help - - when it comes to digging up information and assembling a
record of the accident - - is the Eye Witness to that impact, with their accounts
and recollections as to what happened. Try to secure a detailed written statement,
or tape recorded (or in today's electronic world - - perhaps even a video statement)
from them. That “Witness Person” could be a passenger in your own or other vehicles,
pedestrians, onlookers and bystanders at the scene of the accident, and/or driver’s
of other motor vehicles who were not directly involve in the accident.
UTILIZING
THE WITNESS: How do you
actually go about the task of securing the relevant witnesses, testimonies and
cooperation? To begin with, know this: It’s important that you get to a witness
first ! By moving quickly you stand a good chance of getting the witness committed
to your account of the events and/or to come down on your side of the case.
If they do that’s money in the bank!
You should
contact each witness of the accident (identified from the list of persons you
compiled at the time of the accident - - or perhaps even discovered in the police
report) and talk to them about what they saw, or know, concerning the accident.
The ideal procedure is to get them to write out, in detail, what they observed,
in their own words. If they’re not willing (or able) to do this, then write
their statement yourself (or merely jot down on a pad) what each witness tells
you, then have them sign and date it. Try to capture their recollections, impressions
and observations of what happened.
Upon completing
the interview of each witness, and taking his (or her) statement, ask that individual
to read it. When they’re finished have them sign and date it, with their home
address and phone number included. (If the statement is more than one page have
them initial and date the bottom of each page, then ask them to apply their
full and complete signature at the very end.)
You should
make a copy of what they signed and send it to them.
LOCATING
A MISSING WITNESS: You may be unable to directly contact or locate the whereabouts
of a witness whose name, home address or phone number you have obtained. (The
witness may have moved). Here are two helpful steps you can take to locate a
witness:
1. Send a “Certified” or “Registered”
letter to that witness, addressed to his (or her) last known address with the
“Return Receipt Requested” plus the “Address Only” box checked off. This way,
if you receive back from the post office the return receipt signed by the witness,
or executed by the post office, you should find, fully entered therein, the
current address of the witness.
2. If you have their full name and address and you’re comfortable
surfing through cyber-space there are dozens of ways to locate a person via
your computer. Should you not be wise to the ways of the internet find somebody
to help you who is.
IN SUMMARY: I spent over
half my life investigating motor vehicle accidents. First as I worked my way
through college as a Private Investigator, specifically assigned to motor vehicle
accidents, next as a Special Investigator in the United States Navy, covering
major military motor vehicle accidents in the mid-west, and then over thirty
years as a Claims Adjuster, Supervisor, Manager and Trial Assistant. I know,
from personal experience, a witness to a motor vehicle accident can be invaluable
when it comes to making your case. Witnesses may be able to describe things
in an accident that confirm what you know happened, thus backing up your side
of the story. They may also provide you with information you were not aware
of, which indicates how the other operator was at fault. A witness may have
heard a verbal remark that someone other than you was at fault. Even a witness,
who did not actually see your motor vehicle get crashed into, may have observed
you, soon after impact, and confirm the pain and discomfort you were experiencing.
A signed statement handed to the adjuster, taken from somebody who did not
know you personally, detailing the suffering you were enduring at the scene,
right after you were bashed into, is even more money in the bank!
On that same subject of “Pain and
Suffering” if a friend or relative actually saw the accident and what they observed
proves you’re not at fault in any way, shape, manner or form (and/or can detail
how much physical discomfort you displayed at the scene after impact) their
value as a witness (on either issue) is worth its weight in gold.
By: Dan
Baldyga Email: dbpaw@comcast.net.
Copyright (c) 2004 By Daniel G. Baldyga. All Rights Reserved. Reprinted with
permission. Dan Baldyga has a lifetime of experience in motor vehicle accidents,
personal injury and compensation. Over the years Dan has written several "How
To" book's on this subject matter. Dans latest book AUTO ACCIDENT PERSONAL INJURY
INSURANCE CLAIM (How To Evaluate And Settle Your Loss) can be found on the internet
at http://www.caraccidentclaims.com
OR http://www.autoaccidentcaims.com
DISCLAIMER:
The only purpose of this article THE EYE WITNESS TO YOUR MOTOR VEHICLE ACCIDENT
is to help people understand the motor vehicle accident claim process. Neither
Dan Baldyga, EXPERTPAGES.COM nor FREEADVICE.COM make any guarantee
of any kind whatsoever; NOR do they purport to engage in rendering any
professional or legal service; NOR to substitute for a lawyer, an insurance
adjuster. or claims consultant, or the like. Where such professional help is
desired it is the INDIVIDUAL'S RESPONSIBILITY to obtain said services.
