What happens in a 2 vehicle accident with no witnesses, no citations?

In an ideal world all car accidents would happen while a crowd of highly credible witnesses were standing by and watching intently.  Of course that rarely happens. There are many two vehicle accidents with no witnesses in which a police officer investigates but does not issue a citation because the drivers are giving different versions and nobody saw the accident happen.

What usually happens in this situation is that both drivers will file claims with the other driver’s insurance company because each party feels it was the other driver’s fault. Because there are “conflicting statements” (i.e. both drivers are blaming each other), both insurance companies will most probably deny the claims and say that each driver should look to their own insurance company to take care of their vehicle damage and medical bills. These types of “swearing match” claims are very difficult for attorneys to help clients with: there are no independent witnesses to support what either driver is saying.

If you are involved in a “swearing match” accident and you have full coverage insurance (not just liability only), it is often easier and quicker for you to file the claim with your own auto insurance. If your insurance company feels you were not at fault they can always pursue the other driver’s insurance company to get their money back (this is called a subrogation claim). Your insurance company can also seek recovery of the deductible you paid from the other driver’s insurance company.

If you have a swearing match accident you can always call Smith & Hassler and ask to speak to an attorney for a free consultation.

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