Based upon feedback received, I have, slightly, altered the title of this series. As many have pointed out to me. these aren't argument, they are excuses employed by the insurance company in an organized effort to find any possible angle to reduce the amount it pays to injury victims.
Columbus, Ohio. According to David A. Bressman, a personal injury lawyer who limits his practice exclusively those injured in car accidents, insurance companies use many standard arguments when trying to minimize payment to injury victims. Here is #6 in this ongoing series:
“Nobody Knows For Sure”
•"He said/She said." You each cancel out each other's version of events. "She ran the red light, no he ran the red light." This happens alot, even when the other person admitted to being at-fault [but probably with no one else around.]. Get the at-fault to call his/her insurance agent from the scene and admit fault at that time or get someone to come to the scene [HINT: You should always call a police officer anyway] and get the admission.
•No independent witnesses to corroborate your version of the accident. [HINT: That's why you need to get names of witnesses asap and take photos too!]
• A witness cannot be found (You, not the at-fault driver, have the legal duty to prove by a "preponderance of the evidence" each element of your case.)
•The witnesses dispute your version of the facts or substantiate the at-fault driver's version.
• The physical evidence (lights. brakes. tires.photos etc.) was lost and it was necessary to have it examined by an expert to substantiate your version of the facts.