Witness to a car accident

colino

If this is in Scotland it sounds like a standard precognition interview. Up to you to take part or not, but often (as there are court standards to follow and they can't twist your words) it may help the defence edge towards pleading guilty as the prosecution is so strong.

Stooby2

Don't speak to the accident investigator. You've given one statement, if you give another, it will be different to a greater or lesser degree, no matter how hard you try to repeat what you said before . That will cause you problems should the case ever end up in court. If the business card has an email address, send them an email stating you don't wish to give them a statement and that you want no further communication with them.

Mojisola

Stooby2 wrote: »

Don't speak to the accident investigator. You've given one statement, if you give another, it will be different to a greater or lesser degree, no matter how hard you try to repeat what you said before . That will cause you problems should the case ever end up in court. If the business card has an email address, send them an email stating you don't wish to give them a statement and that you want no further communication with them.

I wouldn't even do this. Contact the solicitor you've already had contact with and pass the investigator's details on to him/her.

Vicmeldrew

Strider590 wrote: »

How did he get your address? If he has your address then so does a potentially very angry 3rd party.

Not likely. The insurer hires the accident investigator under terms which undoubtedly reference the DPA.

Vicmeldrew

sujac wrote: »

Think this is what is bothering me, what benefit to the insurers company does this serve.

In answer why talk to one an not the other, (I didn't stop at the scene as was very busy and nowhere safe to do so as I had my 16 month old daughter in the car) but when it was safe I pulled over and called 101 and reported it to police who said they were already aware of incident so I just left my details in case I was needed. If the other side contacted me first I would have given exactly the same account and would be asking the same question if I was contacted again.

It is difficult not to place blame as they went through a red light onto a busy roundabout at speed on a very busy afternoon. Anyone who drives would find it difficult not to place blame as it goes against what you are taught.

Thanks for the replies

Then that's all you tell either parties counsel instructed agent.

Vicmeldrew

Stooby2 wrote: »

Don't speak to the accident investigator. You've given one statement, if you give another, it will be different to a greater or lesser degree, no matter how hard you try to repeat what you said before . That will cause you problems should the case ever end up in court. If the business card has an email address, send them an email stating you don't wish to give them a statement and that you want no further communication with them.

Not if you give the same account. If it changes then it's not an reliable account.

Vicmeldrew

Mojisola wrote: »

A friend found herself in the same position - the advice she got was not to have any contact with the accident investigator - he will probably try to get you to word things differently, make you unsure of what you saw, anything that will get your evidence dismissed.

Talk to the solicitor who you sent your statement to and let them know the other side have contacted you.

If you don't like why the accident investigator writes on your behalf then don't sign it. Or you could write your own statement. Or you could just not bother.


There's certainly no obligation.


At the end of the day, each side is just trying to find out what the circumstances were...the game playing comes after!

C_Mababejive

Why are you speaking to either of them free of charge ?

scotsbob

colino wrote: »

If this is in Scotland it sounds like a standard precognition interview. Up to you to take part or not, but often (as there are court standards to follow and they can't twist your words) it may help the defence edge towards pleading guilty as the prosecution is so strong.

Exactly so.

From interviewing you the investigator may well go back to their client and persuade them that all the evidence is against them and they may not want to contest the case.

Of course if you are called as a witness in a trial that will cause you a lot of hassle and time.

Mojisola

Vicmeldrew wrote: »

If you don't like why the accident investigator writes on your behalf then don't sign it. Or you could write your own statement. Or you could just not bother.

My friend was told not to have any contact with the "other side" because everything she said would be brought up in court to discredit her memory of the event or make her look like an unreliable witness.

The account of the incident has been put in writing - no need to talk to anyone else about it. Revise what was put in the report before going to court.