Expert: Ron Cercone - 12/1/2009

Question
Greetings. I was recently involved in a car accident where the other party hit my front driver side bumper. Once he hit me, I instinctively tried to avoid any further damage from the collision, as my passenger side tires and wheels struck the curb to my right.  His insurance adjuster explained to me the damage to my tires and wheels could have happened at any time before the accident. What are my rights and I can I prove that the other party is lying at this point? Thank you in advance for your help on this matter.

Answer
Hello Steven,

1. Exactly what did you do "to avoid further damage that caused damage to your tires"? How does running into a curb avoid further damage? These are the type questions you will get if you go into court.

2. The burden of proof is on you if you sue the other driver. So what proof do you have that the damage was not there before the accident? Is a shop willing to say your tire damage is "fresh" for example? Do you have pictures of tire marks on the curb? If its only your word against the other driver, I doubt you will win.