You don't say what happened, who was at fault, what the evidence is or what other witnesses are saying, but it is possible that there is enough evidence for both insurers to reach reliable conclusions without your girlfriend's recollections. They have no obligation to take anyone's statement.
The statement was not more "valid" when the police took it. You really can't compare what the police did and what the insurance company is doing or not doing. I'm surprised the insurance companies claim they have no interest in the statement since she may be biased. THat is a good reason to take the statement. You take a statement to see what the person will say and if it makes sense. You get to test her ability to see what she claims to have seen, her credibility, etc. If you don't take the statements of potentially biased witnesses they would never take your statement either.
Why do you even care? Is there some dispute? Is the issue who is at fault for purposes of the companies paying for the damage to the car(s)? Was someone injured and there may be some litigation? Look, if you were injured and you intend to make a claim, you should be glad that no statements were taken. Statements taken by the insurance company can only hurt any personal injury claim you might make. If you were bringing a personal injury case and you hired me and you told me your girlfriend was a good witness for you, I probably would not take any statement from her.
Why would I want to give the other side an opportunity to attack her statement?
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The police usually take all witness statements to help them in their conclusions as to fault. The insurance companies will wait until the police report comes out and then they may want a statement if they believe it could be in their favor. Good luck.
Mr. Crosner is licensed to practice law in California and has been practicing law in California since 1978. The response herein is general legal and business analysis.. It is not intended nor construed to be "legal advice" but rather it is analysis, and different lawyers may analyze this matter differently, especially if there are additional facts not reflected in the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. I am not your attorney until retained by a written retainer agreement signed by both of us. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
If the report accurately sets froth her statement, then it may not be necessary at this point. Ins cos always try to disregard the statements of witnesses who are not truly independent. However, the relaity is that friends/family are the ones most often witnesses, as they are more likely to be in the car than a total stranger.
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