After an accident, there are numerous pieces of evidence used in a trial. One of the common bits of evidence that is recommended is witness testimony. You may look for someone to help corroborate your story and help prove liability.
You may get phone numbers so the insurance company can contact the witness for their account of the incident. However, it’s often up to the insurance adjuster’s discretion of which part of the story is supported by witnesses and whether or not the witness is considered credible.
Factors Impacting the Credibility of Witnesses
Insurance companies take into consideration a number of factors to determine if a witness is credible. For instance, if a witness was driving a vehicle, did they actually witness the accident or were they focused on the road? If the witness was a pedestrian, were they at a good location to see the accident?
Other considerations may include:
- Did the witness see the entirety of the accident or did they only see the accident after hearing the collision?
- Were there any distractions that may have turned the witness’ attention from the accident so they wouldn’t have seen a cause?
- Was the witness relying on information provided to them by another party or did they see the incident personally?
The insurance company may also look into potential character or physical flaws that the witness may have, such as a previous history of dishonesty and whether or not the witness has problems with his or her eyesight.
If multiple witnesses are provided to the insurance company and their stories contradict each other, it may make their claims less credible or they may go with the witness’ story that most closely matches the testimony of the plaintiff or defendant.
Insurance Companies May Use Witnesses to Lower the Value of a Claim
In some cases, a witness’ credibility may be called into question in an attempt to devalue the plaintiff’s claim. If this is the case, the injury victim needs to ensure they are properly represented by legal counsel in order to protect their rights to a lawsuit.
At Handler, Henning & Rosenberg LLC, we are dedicated to protecting the rights of our clients and pursuing justice on their behalves.
Call our legal team today for the representation you need.