Witness statement for a bus/pedestrian encounter

pseudonim

Wasn't entirely sure of the best place for this but as it involves a bus I've picked this board.

18 months ago I witnessed a situation where a pedestrian attempted to cross a road against the pedestrian lights and walked into the side of a bus. It was entirely his fault, and I gave a statement to the police to that effect at the time, and also a written statement to the bus company.

About 6 months ago I had a letter from a firm of solicitors representing the pedestrian asking for a statement. I sent them a reply with some basic information, giving my opinion that their client deserved nothing.

Today I have returned home after working away for a couple of days to find a hand-delivered request from a firm of investigators asking for yet another statement, to be given to them in person. I really don't want to have anything more to do with this, and in particular I don't want to do anything that might assist the injured party in getting money that I don't believe he is entitled to.

So my question is, am I able to to tell them that I don't wish to give a statement or help them in any way and that I don't want them coming to my house any more, or is there a requirement that I must do so having put my name forward as a witness at the time of the incident?

Eric_the_half_a_bee

My understanding is, you do not have to say anything more to anyone if you don't want to, even if you are in a court of law and are being asked by a judge.

Simply ignore the request.

vikingaero

Reply back with: "Please refer to my previous statement. I have nothing more to add. I shall contact the bus company/insurers/solicitors that you are harassing me to change my statement. Please do not contact me unless a Court requires my attendance."

keithdc

Are the investigators acting on behalf of the bus company or pedestrian?

w00519772

keithdc wrote: »

Are the investigators acting on behalf of the bus company or pedestrian?

This is clearly stated in the question: "About 6 months ago I had a letter from a firm of solicitors representing the pedestrian asking for a statement.".

Mojisola

pseudonim wrote: »

18 months ago I witnessed a situation where a pedestrian attempted to cross a road against the pedestrian lights and walked into the side of a bus. It was entirely his fault, and I gave a statement to the police to that effect at the time, and also a written statement to the bus company.

About 6 months ago I had a letter from a firm of solicitors representing the pedestrian asking for a statement. I sent them a reply with some basic information, giving my opinion that their client deserved nothing.

A friend was in the same situation after witnessing a collision that was clearly one person's fault.

After giving her statement to the police, she was contacted by the at-fault driver's solicitor asking for a new statement and more information.

She checked with the police officer dealing with the incident and he said not to send any follow-up information - the most she should do was reply by saying that she had nothing to add to her police statement.

What they are trying to do is get to you to say something differently or forget to say something that will throw doubt on your first statement and increase their chances in court.

pseudonim

Thanks for all the replies, particularly Mojisola's, which I suspect has got to the heart of the matter.

Manxman_in_exile

Mojisola wrote: »

A friend was in the same situation after witnessing a collision that was clearly one person's fault.

After giving her statement to the police, she was contacted by the at-fault driver's solicitor asking for a new statement and more information.

She checked with the police officer dealing with the incident and he said not to send any follow-up information - the most she should do was reply by saying that she had nothing to add to her police statement.

What they are trying to do is get to you to say something differently or forget to say something that will throw doubt on your first statement and increase their chances in court.

That sounds sensible to me.

Manxman_in_exile

Eric_the_half_a_bee wrote: »

My understanding is, you do not have to say anything more to anyone if you don't want to, even if you are in a court of law and are being asked by a judge.

Simply ignore the request.

I'm not sure that is so sensible. I think you can't refuse to answer questions in court. Although I can't imagine a judge asking a question themselves, other than to direct you to answer a question asked by counsel which you as a witness have refused to answer. I wouldn't refuse to answer any question in court.

keithdc

w00519772 wrote: »

This is clearly stated in the question: "About 6 months ago I had a letter from a firm of solicitors representing the pedestrian asking for a statement.".

It was not explicitly stated in original post that investigators were working on behalf of pedestrian, and OP has not clarified.


One chain of events may have been:
1) Pedestrian solicitors request statement, and note response.
2) Pedestrian solicitors issue claim against bus company, but don't use OP's statement as part of claim (as doesn't help their case).
3) Bus company instructs investigator company to seek statement from OP as aware that OP was witness and note that evidence not used by pedestrian.

Manxman_in_exile

After 18 months I can't see the OP has any option other than to refer the investigators to the original witness statement they made to the police, as suggested by Mojisola.


Any statement you make after 18 months is unlikely to be as reliable as one made at the time, and is likely to allow you to be caught up in all manner of possible contradictions and possibilities of "forgetting". That's why the original statement was taken at the time.