My insurance adjuster is treating me as if i am at fault

by Bonnie
(los angeles, california)

I was involved in an auto accident while making a left hand turn. I waited until the signal for me turned red and on coming traffic stopped before i started to execute my left turn. the other vehicle ran the red light and hit my vehicle in the mid section, passenger side.

I had a passenger with me that also stated it looked as if the other driver was looking down to her right side and that the other driver ran the red light. There was also another witness that stated the other driver clearly ran the red light.

My insurance adjuster is telling me that those witnesses will not do any good because they both work for the same company that I do. I do not know either one of them and they both have nothing to gain out of this.

The other driver is now saying that the signal was yellow for her. There are no skid marks to show that she even tried to stop. Since the only 2 witnesses work for the same company as I do, is there testimony not useful in determining liability for the accident?


Answer:

Hello Bonnie,

This is incorrect. All witness accounts must be evaluated. Insurance companies often argue that only the testimony of independent witnesses will be considered, however, the rules of evidence call for an interview of all witnesses. A jury or judge might not find the testimony reliable because of the work connection, however, this is a conclusion the court or the jurors must come to, not the insurance company.

The insurance adjuster seems to be “implementing” her conclusion before exposing the evidence. This is often the case, but you need to talk to a supervisor about this. Remember, it is possible that the work connection hurt you (it’s not like the adjuster is making this up), however, this is up to a jury, judge, or arbitrator to decide. Also remember that the insurance company has a duty to believe you and advocate for you, please see: http://www.auto-insurance-claim-advice.com/insurance-coverages.html

Remind them of that duty.


Good Luck,
http://www.auto-insurance-claim-advice.com