Expert: Richard Hixenbaugh - 8/27/2009

Question
How can I prove to my insurance company that I am not at fault in a car accident that I recently had. I was coming out of a shopping center which had a stop sign. I stopped at the stop sign and looked to make sure it was clear before I entered into on coming traffic. There was no on coming traffic in my view. I proceeded with caution and entered in the right hand lane. I was 3-4 car lengths from the stop sign, already in the right hand lane, when a car tried to change lanes on my left and cut in front of my car. The side of her car hit the front of my driver's side. She told the police officer that I ran the stop sign and ran into her car. The officer believed her because of where the damage is on our cars. Unfortunately, we moved our cars before the police came because we where in a unsafe place. So the officer did not get to see where the accident took place. How can I prove that the other driver is not telling the truth. My 13 year old daughter was in the car and saw everything, but no one will take her statement because she is my daughter. Any help would be appreciated. Thank you.

Answer
Hi Diane,

Unfortunately, in this situation it is your word agains the other driver word. The police report shows you to be at fault. Unless you have an independent witness that is not related to you and was not in your car, there will be nothing you can do. The only thing that can act as proof is proof. Based on your statement there is no independent information that can prove you were not at fault. I think in this situation there is nothing you can do.

I hope this helps
Richard Hixenbaugh