Car accident: does witness have to be independent?

thegentleway

Is it really important to have independent witnesses for a car accident?

I saw someone reverse into my friend's car and speed off. I was in my vehicle at the time. There is a fair bit of damage to his bumper and he has reported it to his insurance for a claim. Only problem is that he's asked me to not mention I know him... Unfortunately I can't do that, it's one of the questions on the form and I'm not comfortable defrauding insurance company (however unscrupulous they might be). 

Brie

Quite agree that you need to be truthful.  But how different is it if you are a friend, a neighbour, work colleague?  I believe that they won't accept a close relative as a witness even if like you they were in a different car at the time. 

user1977

Pretty commonplace in any court case for witnesses to be in some way connected with the parties involved - doesn't mean their evidence is invalid, but obviously any potential bias is likely to be taken into consideration. At the end of the day, up to the court to decide how plausible everybody is.

DullGreyGuy

thegentleway said:

Is it really important to have independent witnesses for a car accident?

I saw someone reverse into my friend's car and speed off. I was in my vehicle at the time. There is a fair bit of damage to his bumper and he has reported it to his insurance for a claim. Only problem is that he's asked me to not mention I know him... Unfortunately I can't do that, it's one of the questions on the form and I'm not comfortable defrauding insurance company (however unscrupulous they might be). 

Its complex...

So, if you were a TP and approached me as the defendant of our policyholder saying your mate was the only witness I would be telling you they aren't independent and so we won't consider their opinion. 

If it were to go to court then anyone can be a witness and ultimately it will be the judge who decides if your evidences is honest or biased. 

In the majority of cases witnesses aren't required, people are generally honest when confronted and insurers dont entertain various arguments from their insureds when they say it was only minor damage and so get stroppy when they find the repairs were £1k etc. So hopefully you won't need to give a witness statement as the TP will admit their guilt. 

TooManyPoints

 ....as the TP will admit their guilt. 

Surely you mean "liability"!   

ThorOdinson

user1977 said:

Pretty commonplace in any court case for witnesses to be in some way connected with the parties involved - doesn't mean their evidence is invalid, but obviously any potential bias is likely to be taken into consideration. At the end of the day, up to the court to decide how plausible everybody is.

Indeed, and it probably won't get to court anyway.

Mildly_Miffed

HAVE TO BE? No.

But will an independent carry more credibility? Yes.

In descending order of credibility...
1. Independent.
2. Friend.
3. Friend who lies about being independent.

born_again

thegentleway said:

Is it really important to have independent witnesses for a car accident?

I saw someone reverse into my friend's car and speed off. I was in my vehicle at the time. There is a fair bit of damage to his bumper and he has reported it to his insurance for a claim. Only problem is that he's asked me to not mention I know him... Unfortunately I can't do that, it's one of the questions on the form and I'm not comfortable defrauding insurance company (however unscrupulous they might be). 

Did you report it to the police for failure to stop?

Car_54

Klinny said:

I feel it doesn't matter, if you witness an accident then you are a valid witness.

It does matter, as explained by several people already, most notably user1977.

The law is determined by parliament and the courts. What you may feel is utterly irrelevant.

thegentleway

born_again said:

thegentleway said:

Is it really important to have independent witnesses for a car accident?

I saw someone reverse into my friend's car and speed off. I was in my vehicle at the time. There is a fair bit of damage to his bumper and he has reported it to his insurance for a claim. Only problem is that he's asked me to not mention I know him... Unfortunately I can't do that, it's one of the questions on the form and I'm not comfortable defrauding insurance company (however unscrupulous they might be). 

Did you report it to the police for failure to stop?

No, I didn't. That hadn't occurred to me until you mentioned it. Thanks.