1. Does it matter that my insurance was lasped at this time?
Yes, you will not be covered for damage.
2. How can I discredit this 'witness'?
File a lawsuit and take the deposition of the witness.
3. SHould'nt this be a simple judgment?
Not sure what you mean here, but if you mean simple decision as to who was at fault, it is not. There are conflicting stories.
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