Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • 168hourweek
    • By 168hourweek 17th Jul 17, 10:30 AM
    • 37Posts
    • 7Thanks
    168hourweek
    Car accident:How do you know who witness statement is from
    • #1
    • 17th Jul 17, 10:30 AM
    Car accident:How do you know who witness statement is from 17th Jul 17 at 10:30 AM
    Hi

    How does Insurance Company know who witness statement comes from?
    Does 3rd party insurance check?
Page 1
    • Crazy Jamie
    • By Crazy Jamie 17th Jul 17, 3:02 PM
    • 2,129 Posts
    • 2,039 Thanks
    Crazy Jamie
    • #2
    • 17th Jul 17, 3:02 PM
    • #2
    • 17th Jul 17, 3:02 PM
    If you mean a witness statement for court proceedings, the witness statement is written as being for a particular person, and that person must sign it with a statement of truth. The maker of the statement will then need to attend court and give evidence based on it. That evidence will be given under oath if it is a fast track or multi track claim (generally not under oath in a small claims trial).

    There is something of a hint in your post that you are either considering making a false witness statement, obtaining one from a witness who didn't witness a particular event, or suspect that someone is doing either of those two things. I'm hopefully wrong about that, but if you do have any more specific questions or can put the question into context you might get a more targeted answer.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
    • FutureGirl
    • By FutureGirl 17th Jul 17, 5:11 PM
    • 896 Posts
    • 362 Thanks
    FutureGirl
    • #3
    • 17th Jul 17, 5:11 PM
    • #3
    • 17th Jul 17, 5:11 PM
    The insurance company can and will check about witnesses. A witness statement will usually ask the witness where they were when the incident occurred.

    I have come across some questionable witness statements, so I do background checks and usually find out that either the witness doesn't exist, or they know one of the parties involved.
    • 168hourweek
    • By 168hourweek 18th Jul 17, 8:28 PM
    • 37 Posts
    • 7 Thanks
    168hourweek
    • #4
    • 18th Jul 17, 8:28 PM
    • #4
    • 18th Jul 17, 8:28 PM
    Hi
    Thanks for replys
    No not tring to do something hooky
    Was hit in the side of my car(almost t boned) at the beginning of March
    3rd party came round signal controlled roundabout hitting me in the side
    I filled out insurance form stating 3rd party was at fault
    No like form from 3rd parts insurance company
    4 months on my insurance company send Letter before Action
    They recieve back a witness statement saying i hit him and he is willing to go to court
    In light of this statement my insurance company had said they can not go to court and as there is no other independent witness will have to close this case calling it a fault claim
    The 3rd party it would appear has not filled out any paperwork
    The witness statement is dates late March but my insurance did not get it till mid July
    My insurance company are asking for costs from 3rd party
    His car has been Sorn since accident
    It would appear thats that and there is nothing i can do
    I was told that if it had been in Scotland my Wife who was a passenger in my car could give her independent witness statement
    My insurance company tried to obtain CCTV footage from Local Authority and Police they both say they have not got any
    I did nothing wrong
    Who check the independent witness out and he is who he says?
    Any comments
    • Sparx
    • By Sparx 18th Jul 17, 9:21 PM
    • 690 Posts
    • 380 Thanks
    Sparx
    • #5
    • 18th Jul 17, 9:21 PM
    • #5
    • 18th Jul 17, 9:21 PM
    Is that really how the accident happened?

    How could you be hit in the side, but the other-side claims you hit them? Lol
    • 168hourweek
    • By 168hourweek 18th Jul 17, 10:56 PM
    • 37 Posts
    • 7 Thanks
    168hourweek
    • #6
    • 18th Jul 17, 10:56 PM
    • #6
    • 18th Jul 17, 10:56 PM
    Hi
    The lights changed to go and i entered the roundabout
    I slowed because the cars in front of me were stopped by the traffic lights at the next exit
    My car was slowly moving positioned across lanes attempting to move over to the right hand side of the roundabout
    Then thump the 3rd party hit me in the rear door at speed
    He hit me the damage to my car clearly shows this
    It would appear you leave the 3rd party (dying on the road)and get the witnesses particular first
    Dont help 3rd party cos it might admit liablity
    • Crazy Jamie
    • By Crazy Jamie 19th Jul 17, 8:14 AM
    • 2,129 Posts
    • 2,039 Thanks
    Crazy Jamie
    • #7
    • 19th Jul 17, 8:14 AM
    • #7
    • 19th Jul 17, 8:14 AM
    Hi
    Thanks for replys
    No not tring to do something hooky
    Was hit in the side of my car(almost t boned) at the beginning of March
    3rd party came round signal controlled roundabout hitting me in the side
    I filled out insurance form stating 3rd party was at fault
    No like form from 3rd parts insurance company
    4 months on my insurance company send Letter before Action
    They recieve back a witness statement saying i hit him and he is willing to go to court
    In light of this statement my insurance company had said they can not go to court and as there is no other independent witness will have to close this case calling it a fault claim
    The 3rd party it would appear has not filled out any paperwork
    The witness statement is dates late March but my insurance did not get it till mid July
    My insurance company are asking for costs from 3rd party
    His car has been Sorn since accident
    It would appear thats that and there is nothing i can do
    I was told that if it had been in Scotland my Wife who was a passenger in my car could give her independent witness statement
    My insurance company tried to obtain CCTV footage from Local Authority and Police they both say they have not got any
    I did nothing wrong
    Who check the independent witness out and he is who he says?
    Any comments
    Originally posted by 168hourweek
    Your insurance company will initiate any checks that they deem to be appropriate on the other witness statement, but generally speaking it is simply a matter of your insurance company weighing up the evidence and deciding whether or not your case has sufficient prospects to succeed. Whilst it does happen on occasion, in the grand scheme of things it is unlikely that a witness statement has been concocted by a witness who wasn't there.

    On a side note, your wife is perfectly capable of giving a witness statement on your behalf. Of course she is not independent, but the notion that her evidence carries no weight is simply not true (albeit for some reason people are seemingly regularly told that such witnesses can't be relied on). However, even with your wife's evidence taken into consideration it is still a matter for your insurance company to assess the evidence and make decisions accordingly.
    "MIND IF I USE YOUR PHONE? IF WORD GETS OUT THAT
    I'M MISSING FIVE HUNDRED GIRLS WILL KILL THEMSELVES."
    • 2357
    • By 2357 19th Jul 17, 10:29 PM
    • 27 Posts
    • 60 Thanks
    2357
    • #8
    • 19th Jul 17, 10:29 PM
    • #8
    • 19th Jul 17, 10:29 PM
    I'm not sure that insurance companies are that bothered about correctly establishing fault. It seems like they like a good reason to hike up premiums.

    Work this out if you can because I certainly can't, a few months back someone in a large van drove into my stationary car causing a considerable amount of damage. He refused to cooperate with his insurance company, ignored calls and letters etc my insurance company had a witness statement from someone who was behind me when it happened so I asked my insurance if they could get my car repaired. I thought that would be straightforward.

    They said they could deal with my repairs immediately but it would have to be 50/50 and I had to pay my excess and it would of be recorded as a fault claim. Even though they had obtained a statement saying the third party was to blame, the only way the accident could have been avoided was if he hadn't been going so fast and it gave estimated speeds on impact as 0mph for my vehicle and 30mph for the van.

    I declined their help and continued to pursue the other parties insurance who were extremely obstructive because their client continued to ignore all correspondence. In the end it took 4 months of daily phone calls with them creating more and more delays but eventually they paid up.
    Sometimes it pays to be stubborn when you know you right but the whole process seems to protect the at fault party rather than the innocent person.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

2,357Posts Today

8,135Users online

Martin's Twitter