Witness to a car accident

Vicmeldrew

scotsbob wrote: »

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.

Indeed. You'll probably only ever do it once

Mojisola

scotsbob wrote: »

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.

Or it could go the other way - as it did with my friend - because neither of the independent witnesses talked to the defendant's investigator and their accounts were clear and supported what the other had said, the woman pleaded guilty and the witnesses weren't called to court.

Vicmeldrew

Mojisola wrote: »

Or it could go the other way - as it did with my friend - because neither of the independent witnesses talked to the defendant's investigator and their accounts were clear and supported what the other had said, the woman pleaded guilty and the witnesses weren't called to court.

There isn't a guilty plea to enter.


If they had talked to the investigator, it could and probably would have gone exactly the same way.


Insurance investigators are not generally biased because they are not in anyway involved in the decision making process.


If they collect a 'for' statement then the insurer may save on costs.


If they collect a statement that is 'against' the insurers client, the insurer may be rather pleased that it will save on legal costs fighting a battle they can't win.


If you had an accident, I dare say you would want your insurer to establish the facts? Without them, regardless of blame, how do you think they ever settle claims.


It's all without obligation of course.


Witnesses are rarely called into the small claims track anyway.

parking_question_chap

As I see it,

The investigator wants to get something out of you to help their client.

They will charge for their service.

If I was you, I would tell them you will see them for £50 to discuss the matter.

Once paid I would simply tell them that the other solicitor has your side and thats is all you have to say, unless it goes to court.

Mojisola

Vicmeldrew wrote: »

There isn't a guilty plea to enter.

There was because the police were involved as well as the insurance company.

arcon5

Vicmeldrew wrote: »

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

Surely the insurers are merely the 3rd parties representatives and have the power to act for them, as such all information belongs to the third party but merely held and used by the representatives who are indemnifying them ie the insurer

arcon5

parking_question_chap wrote: »

As I see it,

The investigator wants to get something out of you to help their client.

They will charge for their service.

If I was you, I would tell them you will see them for £50 to discuss the matter.

Once paid I would simply tell them that the other solicitor has your side and thats is all you have to say, unless it goes to court.

Not sure it's a wise suggestion to obtain payment then fobbing him off by refusing to talk to him about it.

Hoof_Hearted

Presuming you kept a copy of the statement sent to number one, just give a copy to number two. If it's that clear cut, I don't see why he/she needs to talk to you further.

colino

Asking for payment to resolve a dispute, fabulous way of throwing your personal credibility away to the contesting side.

sujac

Thanks for all the replies.

I have emailed the investigator saying that I have already given a statement about the accident and have nothing else to add to it.