Witnesses have a very important role in the car accident claims process. However, there are very few legal obligation sand responsibilities for witnesses in the claims process. Below is a description of the reasons why a witness has little to no legal obligation during the claims process and the few circumstances in which legal rules may apply during the claims process.
Legality and the Claims Process
Unlike litigation, there are very few legal rules and regulations that govern the claims process. The most common legal rules relate to bad faith denials of claims. Of course, as insurance coverage is a contractual agreement, contract rules apply to insurance claims. Contract law, however, does not extend to witnesses. Therefore, the majority of responsibilities that befall a witness are dependent on the witnesses amenability to being involved in the claim. If, however, a claim is not resolved and later brought to court, the witness will be subject to several rules governing his participation.
Legal Responsibility: Appear When Summoned
The only legal responsibility that can befall a witness in a claims process is to appear at any mediation or arbitration between the parties that is required by law. To reduce the number of car accident cases that are brought to court, many states have enacted rules that require disputing parties to first attempt to try to resolve the problem through mediation or arbitration. In this circumstance, the court will order witnesses to attend the required meetings and provide information about what they saw.
Legal Responsibility: Tell the Truth
Witnesses are always required to tell the truth. If a witness lies during the claims process and misleads an insurance company, he may later be sued by the company for his false statements. This includes statements made verbally or in writing about or relating to the accident.
Furthermore, statements made during the claims process prior to when litigation began can be later used when interviewing the witness. If the witness’ statements and court testimony do not match, the other party is able to point out the discrepancies to make the truthfulness of the witness’s testimony questionable.
Getting Legal Help
If you have witnesses an auto accident and believe that you will be called upon to participate in the claims process, seek legal assistance. A lawyer will review the information you know and detail any legal requirements with which you as a witness must comply.
