The Missing Witness

The Missing Witness: Getting an Account into the Claim File

Tom calls the collision word against word even though another person saw it. The useful next step is to preserve that person's account and explain what they observed, without supplying answers or assuming the witness resolves the whole claim.

Capture contact details while it is safe

Ask for the witness's name, preferred contact method, and where they were when they observed the collision. Note whether they saw the events before impact or arrived afterward. Do not step into traffic or delay emergency help to gather information. Arizona DIFI's automobile-insurance guidance recommends recording witnesses' identifying and contact information after a crash.

Preserve the witness's own account

Keep messages and notes with their dates and identify who created them. Distinguish the witness's words from your summary. Ask open questions about what the person actually saw; do not coach an account or ask them to fill gaps. Lighting, distance, obstructions, and the direction they were looking can affect what an observation establishes. A witness can be useful even if they did not see every moment.

Request consideration, not a guaranteed outcome

Provide relevant contact information to your lawyer or insurer and explain what issue the witness may clarify. Ask whether that information was considered. A.R.S. 20-461 addresses denials without reasonable investigation as part of a general business practice; it creates an administrative remedy, not a private cause of action. One missed interview alone does not establish bad faith or require payment. Conflicting accounts may still need further investigation.

Questions this episode raises

Should I write out a statement for the witness to adopt?

Preserve their own observations instead of scripting them. Identify any summary as your summary and allow the witness to correct it.

Does a witness guarantee the insurer will accept fault?

No. The account's detail, reliability, and relationship to the other evidence matter. An insurer may still dispute what the evidence establishes.