Expert: Charlie Barone - 5/28/2009

Question
One afternoon, I was making a left turn to enter a parking lot. The other drive before me stopped and started to back up out of the entrance to the parking lot. At that time I stopped my car behind hers about meters when I saw she stopped. However I didn't prepare for her backing up. So I was hit by her car on the front right side. She admitted she didn't see me. She told my insurance company she was backing up but not sure whether she stopped. My classmate with her husband was waiting for the traffic light at the time. She didn't know my friend's presence. I claimed to her insurance. But they denied my claim based on the fact that the witnesses are not independent. My question is is the insurance company right about this witnesses thing? What is my chance to win in the court?

Answer
Anny,

You have to realize that her insurance company is adverse to your interests, so they may say anything (whether it is grounded in law or not) to advance their case. So, yes, you have a very good case and your witness is unlikely to be impeached by the defense in court.

Charlie