I was involved in a car accident and there were no witnesses. How will this affect the insurance company’s investigation?

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I was involved in a car accident and there were no witnesses. How will this affect the insurance company’s investigation?

I was driving through an intersection and made a left turn. I’m sure the light was yellow when I crossed the line, but a car speeding through the intersection to my right hit my car. There were no witnesses. What do I do? Who will the insurance companies believe?

Asked on April 12, 2009 under Accident Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

They will do the investigation based on a few things: Your testimony, the other driver's testimony, passenger testimony, any police offer reports, paint transfer, any skid marks, the scheduling of traffic signals, how far in you were to turn vs. how far away he/she was from the intersection.  In other words, you may be at fault if you didn't use care (based on the above factors) to make sure the intersection was clear.  The other driver may be at fault because he/she didn't slow down or stop if he/she safely could so to prevent the accident. Or you both may be partially liable.

Review the following:

http://codes.ohio.gov/orc/2315

http://codes.ohio.gov/orc/2307

 

Review contributory fault.

 


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