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Is It Possible to Prove Car Accident Liability Without Witnesses?

If there were no witnesses to your car accident, other evidence surrounding the accident becomes all the more important.

In an ideal world, whenever there is a car accident, the party at fault will admit guilt and agree to offer compensation without too much hassle. This is far from an ideal world, and chances are if you’re ever in a fender bender and file for compensation, you’ll have some work to do.

Witnesses may be an important part of your car accident claim. When each side sticks to their version of events, an objective third party may be what makes or breaks a case. But sometimes, no such party exists. What then? Is it still possible to prove liability for the accident?

The answer is that it is possible to win a case even though there were no people around to witness the accident. However, the other evidence surrounding the case becomes all the more important.

car accident without witnesses

How to Prove Liability with No Witnesses

Accidents that take place in remote areas or at night often do not get witnessed by third-parties. However, it doesn’t necessarily mean all is lost when that happens. You will have to build a sufficiently strong case that works in your favor by gathering factual evidence that can support your claims and refute the other side’s statements. Here are a few ways to do it:

1. Bring the Police Report

You should call in the authorities right after the accident, even when it’s just a fender bender. The police will come at the scene and look around, talk to you and the other driver involved, and put everything in a report. This report is often seen as an objective recollection of events, and you can use it in your claim to backup your story.

For instance, if you claim the other driver was speeding, you yourself may have no way of proving that. But the police, upon inspecting the vehicle, likely will, and this information will be added to the report.

2. Use Your Phone to Gather Evidence

Smartphones these days are capable of taking high-resolution images, so you should use it to capture the accident with it. If possible, take pictures of the cars, your injuries, the scene, skid marks, or any other element at the place where the accident took place. It’s best to do it right away because over time some evidence might disappear.

3. Get Medical Attention Right Away

Do not delay seeking medical attention after the accident. For one thing, you risk making your condition worse due to untreated injuries. Moreover, the initial medical examination is tangible proof of what consequences the impact had on your health.

Keep detailed records of all your doctor visits and medical bills, as these can justify the amount you’re asking for in damages.

4. Take Your Car for an Inspection

If you’re also asking for property damages for your car, then you should take it to a mechanic right away to see exactly what the extent of the damage is. After the inspection, the mechanic can tell you exactly what damages the collision caused to your car.

What Does the Law Say?

In Missouri car accidents cases, there is usually at least one at-fault party, who will also have to pay for damages, whether it’s repairing the other vehicle or covering the medical bills of those who have been injured.

The at-fault party can deny they were the one who caused the accident, which means the facts of the case become crucial, particularly if there are no eyewitnesses. The two parties will most likely try to solve this issue through their lawyers, but if they can’t, then their case may go to court.

In any case, it is a good idea to have a St. Louis car accident attorney represent you, whether you’re negotiating with the insurance companies involved or going to court.

Free Consultation with a St. Louis Car Accident Lawyer

Witnesses or not, your case has a better shot of going your way if you work with an experienced St. Louis car accident attorney, so don’t hesitate to speak with one as soon as possible.

Free Consultation (314) 361-4242

Updated: April 4, 2024