Car Accident - False Witness Statement

Adelaide_2

Could really do with some help as at wits end with this - it's a long one so please grab your cup of tea now!

Other Driver (OD) reversed into my husband on one way street at approx 5 miles per hour. OD denied responsibility - one passenger in his car (child) and one in ours (adult). Police called out by other party. Police arrived checked everyones' details, all okay and said because no injuries a matter for insurers not police. Police asked both parties if injured, both said no.

Couple of weeks later we get a personal liability claim against us for injury for whiplash for OD and his child passenger. Also claim for excess on his insurance and damages to his vehicle. Apparently they, notwithstanding comments re no injuries to police, both needed medical attention at local hospital immediately after accident.

We sent claim to our insurer - we're fully covered - with a statement to effect, that OD reversed into us and we denied any wrongdoing. Our insurers legal team got an investigator to take a statement from my husband but they've never visited scene of accident or asked for a diagram even.

We have now heard from our solicitors that OD has a witness who holds my husband fully responsible for accident, despite their being no witness at the scene or one that made themselves known to police. Our solicitors are saying because of witness statement they think they should settle.

We were somewhat flabergasted at this completely fabricated witness statement so went to local police and met with one of PC's in attendance at accident. He said no recollection of witnesses and nothing in his notebook. He has confirmed that his colleague PC also has same recollection and no reference in notebook.

Given that the witness statement is clearly a falsification and given that we don't have a witness - where do you go with a situation like this? It will cost us the excess, plus an at fault accident on my husbands record that he didn't do plus a claim on my insurance - all putting our premiums up.

I feel that if somebody was able to test the witness statement - ie sat down and asked him where he was, why didn't he make himself known to police and why he only let OD know who he was - the case would fall apart but nobody seems inclined to do this? Can I demand that my insurers/legal team do this.

As a matter of principle I don't see why OD should be able to profit in this way by effectively lying and getting his mate to lie for him as well?

If you got to the end of this thanks for reading, if you can help thanks again! Bit rambling but we feel pretty strongly about this.

Mr_Bear_2

hi good post

its a difficult one - the insurers will want to save costs.

if there is a witness against you and even if you think you can show it, there is a BIG risk in taking it to court.

witness will have to do formal statement for proceedings best seeing if there are any holes in that and what the sols think the prospects of success are.

you CANNOT interview him before trial unless he consents which is very unusual and unlikely even with a genuine witness

Zebedee69

Couldnt you "find" a witness too?...

Id love to say play by the rules but I can see you being turned over like a kipper if you just sit and take their rubbish. It sounds like these jokers are going to try any trick to get a bit of compo.

Mr_Bear_2

thats really bad advice unless him and his "witness" fancy a criminal record and possible jail time plus the insurers would prob not pick up the bill for defending the case, if they get found out!

southernscouser

What about the adult passenger that was in your husbands car? Can he not be classed as a witness?

Mr_Bear_2

its possible but its INDEPENDENT witnesses that Insurers take more notice of - generally witnesses in cars always support the driver of the car they are in!

SPANIEL36

i was involved in an accident a few years ago. i was stationary and a girl ran straight in the back of me. my two children were in the car in their car seats strapped in. we got told that even though they were both complaining of sore chests (whiplash where the saet belt had restrained them) we still couldn't push for compensation for then cuz they couldn't have a medical interview and clearly tell the examiner where it hurt, how much etc etc.

just out of interest how old was the OD's child?

Mr_Bear_2

well it does depends on the kids ive had claims for kids of 2 years upwards- even the younger ones can claim they dont get very much tho

Zebedee69

Mr_Bear wrote: »

thats really bad advice unless him and his "witness" fancy a criminal record and possible jail time plus the insurers would prob not pick up the bill for defending the case, if they get found out!

Yes but thats the exact risk the other party are taking.

What advice would you have for them?...

hm71_2

there has been a lot in our local news lately about an increase in 'staged' accidents. where people delibrately cause a crash as in your case he reversed into you! and then claim for whiplash etc and a miracle witness appears who did not make themselves known at the time. There was a spate of it happening on certain roundabouts but I think it was Swinton ins got suspicious about the amount of claims that occured on this roundabout and set up a watch. caught four people in one day!!! unfortunatly most insurance companies do not dispute whiplash claims and can be quite a nice little earner for dishonest folks.

Mr_Bear_2

zeb

so you are saying that just because someone believes that someone is lying they should fabricate evidence?

I have sympathy for him but i certainly wouldnt advise that course of action.

ive given my opinion if the orig poster wants to try to commit fraud thats a matter for him