Who has to prove who was driving at the time of an accident?

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Who has to prove who was driving at the time of an accident?

I was recently involved in a traffic accident where the other driver collided with my vehilce from behind (I had to press the brake instantly as another driver braked in front of me to suddenly turn left without indicating). The 3rd party’s insurance company paid out for my vehicle but when myself and my 2 passengers claimed for whiplash the 3rd party began stating that we were not in the vehicle and that I was not the driver (this according to the other driver’s descriptions of us which did not match our photos). The third party has also withdrawn any admitted liability.

Asked on October 21, 2010 under Accident Law, District of Columbia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Sounds like the third party insurance company simply doesn't want to pay and really what you need to do now is hire your own counsel or have your insurance company check your policy and see if it can help you sue the other insurance company for you for your medical damages and pain and suffering.  Your passengers should also consider the same route.  Here is the deal.  If the car is registered to you and the other passengers can show they do not own this vehicle, then the presumption could be you were driving.  However, it won't make much difference. If the insurance company has already paid for your vehicle it pretty much admitted liability.  Immediately contact counsel. 


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