Legal Question in Personal Injury in California
Automobile accident
I was driving in the right turn only lane and a SUV from the lane just to the left turned into my lane and hit my car. Damage was about 16'' from the noise of my car on the side fender. The SUV is saying he was in the lane, the light was red and just turned green as I came to the intersection, and stopped and I ran into his car? I have only the State mimimum coverage on my older car, can not afford any more. I had a wittness read my ad for help and came forward some 8 days later and supported what I stated.
Does the wittness need to be in the courtroom or can I get a notarized statement as he works in construction and will come only if he must? The other insurace co. say's it is my fault, mine said I was not at fault?
Please help.
3 Answers from Attorneys
Re: Automobile accident
witness testimony must be live. Issue a subpoena to ensure he comes.
Re: Automobile accident
The other party's insurance company most always blames the non-insured party, trying to make you go away. Have you reported this to your insurance carrier? Even though you have minimum coverage, it might be able to assist you in collecting from the other party. And do not give a statement to the other driver's insurance company without first talking with your own carrier. As for the witness, I agree with my colleague. He will need to appear in person, and testify under oath.
Re: Automobile accident
Witnesses must testify in person. A written statement will be inadmissible as hearsay.