Car crash witness changed her mind about seeing it.

Kmf_3

Hi, I hope someone can give us some advice. Dh was involved in a car crash on fri eve.. Saw a car coming towards him a little to fast, cars parked on opposite side of the road to him so he pulled into the side so she could get passed, she collided into the side of him causing side and wing damage on the driver side of our car.
The other driver said sorry... A lady came out said she had seen everything from her kitchen window, the other driver going too fast and misjudged the space between parked cars and my DH.
Police came as the other car was blocking the road and wouldn't start, witness told police what she had seen from the kitchen window.
Insurance rang witness yesterday who is now saying she saw nothing and the insurance won't take our passengers statement as he is not independent.
We're worried that the other driver won't accept liability for the crash and it will come down to his word against hers.
Is there anything we can do? We have pictures taken from the scene and haven't been given a police report number.
Thank you in advance

Skintski

I'd have thought go to the police, the witness has either lied and wasted police time or is now withholding evidence I would imagine.

arcon5

Perverting the course of justice comes to mind..

Although if she's already given a statement to the police, can't you get a copy of that?

DUTR

In reality the witness does not have to be a witness in this incident, besides it is limited in what they can see from a kitchen window, if pictures were taken then that can be enough evidence to accept or decline responsibility.
It there were parked cars on the road at the scene of the incident, then that will determine who had preference to the available space, and ultimately that will dictate which party will be deemed at fault.

Kmf_3

Thanks for your response. We're going to try that but not holding much hope as police were just there to redirect traffic and make sure no more accidents happened and didn't have anything to do with the actual collision.
We feel that the insurance are going to try and get it 50/50 as we're both insured with the same insurer.
Its the first crash therefore the first time we have dealt with an insurance company and don't really know how they investigate them or come to the conclusion that it was the other drivers fault (which it was!)

Kmf_3

Thanks DUTR... It was my DHs right of way and he left enough space at the end of the row of parked cars for her to get through. Pictures clearly show this although it was dark.
Yes I take your point about the kitchen window, maybe she just wanted to feel 'important' while talking to the police?
We thought it was going to be a straight case of we're not at fault have an independent witness to back us up and the driver has admitted fault, but its all changed...

Sgt_Pepper_2

arcon5 wrote: »

Perverting the course of justice comes to mind..

Although if she's already given a statement to the police, can't you get a copy of that?

And wrongly so.

sarahg1969

There will be a police report available if everyone was interviewed, or at the very least your insurers could interview the police officer who will confirm in a statement what was written in his/her notebook. There will be a cost for this though, and it depends what stance the insuders decide to take.

It will also be interesting to see what the other driver said to the police about how it happened.

Hopefully, the damage to the vehicles themselves will be evidence of the accident circumstances.

Sgt_Pepper_2

sarahg1969 wrote: »

There will be a police report available if everyone was interviewed, or at the very least your insurers could interview the police officer who will confirm in a statement what was written in his/her notebook. There will be a cost for this though, and it depends what stance the insuders decide to take.

It will also be interesting to see what the other driver said to the police about how it happened.

Hopefully, the damage to the vehicles themselves will be evidence of the accident circumstances.

You're being hopeful. In reality I bet they didn't get a pen out. It will be written off on the log as damage only details exchanged.

Kmf_3

DH has said that the police wrote nothing in notebooks and were only there as the other driver was blocking the road, he is going to contact the police today after work and see if they have had to write some kind of report on the incident, we doubt they have as it was only a minor crash, and they didn't question either him nor the other driver or take any breath test on them.
If they haven't I guess it's just a case of wait until insurance get back in touch. I too would love to know what the other driver has said.. I just hope that the insurance come to the right and true conclusion, but its an insurance company so who knows?
Thanks for all the replies.

Sgt_Pepper_2

They should have done breath tests. As they haven't there will be no report either.