Expert: Claims Guy - 2/13/2011

Question
My son was involved in a parking lot accident with no police report. The person that hit him later denied involvement and the insurance companies are not in arbitration. There was one individual eye witness testimony. I understand that a statement by that person was given to the other insurance company. The testimony is in favor of my son.  His insurance adjuster cannot get a return call from that person for their testimony.  My question is as follows:  Is the other insurance company required to supply that statement to the arbitration judge and is all evidence required to be released to my son's insurance adjuster.  This case is going to arbitration soon and we need that eye witness testimony to exonerate liability in this case.  I really appreciate an answer to my question.

My best, Bob Lang

Answer
Unfortunately, to my knowledge there is no way to force the other insurer to release that statement in arbitration.  They will submit evidence that supports their side.  Here are a couple creative options that might work:

1.  you or your son - try to get in touch with the witness.  Mabe knock  on his door and explain what is at stake.  Appeal to his desire to be a good citizen.  He will not be asked to testify in court, just spend 10 minutes recording an interview on the phone with the adjuster.  Or he could write down a statement which they can use.  

2. if he refuses, you can play  a little harder - tell him if he does not help, you'll file a small claims suit against the other driver to get back your deductible, and that you'll subpoena him as a witness.  Then he will have to come to court.  The phone option is a lot easier.

3.  You can complain with the state insurance department against the other insurer.  if they really do have a witness statement and they are ignoring the veidence, this might be bad faith.  The state ins dept can demand to view their file.

4.  You can sue the other driver in small claims court and subpoena the copy of the witness statement from the other insurer.  (last resort)

good luck!