Witness Wants Driver's Details

[Internal-Potato398]

Jurisdiction

California

Hi there. Thank you in advance for your help and guidance. This is the first time it's happened to me, so I'm a little lost on how to proceed.

I was rear-ended by a car and I have a witness (I'm assuming the witness's car was behind the car that rear-ended me). I exchanged contact information with the witness, but while exchanging the info, the passenger was really angry and got out of his car and started storming towards the car who rear-ended me, banging on his window and yelling at the driver. They left before the police came.

Later on during that day, the witness texts me saying he also wants the driver's information because he lost a tire during this situation as well. Based on what I saw -- and maybe I'm overthinking it -- I'm fearful that if I give the witness any sort of information about the driver who hit me, he might go and retaliate, and I fear for the safety of driver who rear-ended me. I'm also assuming that it's probably not okay to just give away the driver's information away like that.

Right now, I'm just wondering what would be the best way to handle all this? Should I still use my witness? Would it be safer if the insurance company helped him sort his situation be relaying all the information to my witness's insurance company?

Once again, I appreciate all of your help.

 

[army judge]

Right now, I'm just wondering what would be the best way to handle all this? Should I still use my witness? Would it be safer if the insurance company helped him sort his situation be relaying all the information to my witness's insurance company?

You might want to reconsider using a VOLATILE, apparently easily EXCITED person as your witness.

However, I'd seek guidance on the person's request from my attorney, or my insurer's adjuster.

In fact, it might be better to suggest the to the requesting party to ask the responding law enforcement agency for a copy of the official police report.

 

[Internal-Potato398]

Thank you for your guidance Army Judge!

You make a lot of sense. Definitely am reconsidering using the guy as my witness. In all this commotion, I failed to bring up I got the guy's number to the police -- it completely slipped my mind because it happened so quick. Will that impact me or him in any way if he contacts the police now? The other driver did tell the police that witness's passenger was aggressive.

Also, one additional question. Say I ignore the witness. Am I in any legal trouble if I do that?

Thanks again for being patient with me and answering my questions

 

[adjusterjack]

Complete and accurate answers to all of my questions are necessary for my analysis.

They left before the police came.

Who left before the police came? The witness and her passenger or the driver that hit you?

If it was the witness who left, answer each of the next questions.

Let's call you Driver A, the driver who hit you Driver B.

When the police arrived did they

a. Take statements from you and Driver B?
b. Get insurance information from Driver B?
c. Give you Driver B's insurance information?
d. Were the cars in the same position as at time of impact or had they been removed to the side of the road?

Are you making a claim against Driver B's insurance or your own collision coverage?

Answer all the questions and I'll be back with advice.

 

[Internal-Potato398]

Thanks for your reply Adjuster Jack. Apologies for the confusion caused.

So it was the witness and his passenger who left before the police came.

Regarding your question
a. The police took statements from me and Driver B
b. The police took down Driver B's insurance info
c. The police had us take pictures of each others insurance information (driver's license, vehicle registration, and insurance policy)
d. We all parked on the side of the road.

I planned on making a claim on my own collision coverage and I was thinking they would get in contact with Driver B's insurance.

I appreciate all of your help.

 

[adjusterjack]

I planned on making a claim on my own collision coverage and I was thinking they would get in contact with Driver B's insurance.

Your insurance company will pay for your repairs less your deductible. Once the claim is paid your insurance company will seek reimbursement from B's insurance for the total amount of the claim, including your deductible and then refund your deductible to you.

When you open the claim to your insurance claims department, provide the claim rep the witness' contact information. The claim rep will contact the witness if necessary and you won't have to.

Your claim rep will give you further instructions about the claim process.

 

[Internal-Potato398]

Thanks @adjusterjack! Like @army judge was saying, the witness's passenger was volatile and erratic, so I'm not sure if I should tell the the insurance adjuster about him. I guess I'm concerned if the witness will change his testimony or something like that since I didn't provide the witness with the driver's info.

If I do provide the insurance adjuster the information, do I tell them what I saw the witness's passenger do? Also, if I fail to provide any information to the witness/get him in touch with my insurance claim adjuster, would there be any legal problems on my part? I feel like I'm withholding information if there truly was a problem with the passenger's car (but I didn't notice any tire missing).

Thank you once again for all of your help. I'm sure I'm overthinking things, but better safe than sorry, right...? I appreciate your understanding with me as I try to work out all these problems.

 

[adjusterjack]

, the witness texts me saying he also wants the driver's information because he lost a tire during this situation as well

Please explain how the witness lost a tire?

 

[Internal-Potato398]

That's the thing @adjusterjack...I have no idea how he lost his tire, because it seems like he drove off just fine. He texted me an hour or two later saying that he lost his tire, so I'm not sure whether to believe him or not

 

[adjusterjack]

Then just give the witness contact information to your claim rep. He'll know how to handle it if the witness claims anything against you (farfetched). That way you can avoid any personal hassle with the witness.

If the witness texts you again just reply that your insurance is handling everything and make no further comment.

 

[Internal-Potato398]

Thanks @adjusterjack! They ought to make a statue in honor of you! I'll do just that when the insurance adjuster calls today. A million thanks!

A mountain of thanks to you too @army judge !

This is my first accident so it's been overwhelming. Thank you to both of you for being so understanding and helpful!

 

[adjusterjack]

Someday you'll tell your grandchildren the story and everybody will laugh.

 

[Internal-Potato398]

Ha I sure hope so @adjusterjack ! However, I will be sure to tell my future children and grandchildren of your help!