[Misc] Witness to Car v Motorcycle Accident - Advice Needed

[Gary Hart's Stalker]

Last August, I witnessed a car v motorcycle accident, so stopped in case First Aid was required. I also gave my details to one of the involved parties as a witness.

I provided my version of events, giving a description and drawing of what happened which I kept very factual. I have my own opinion as to who was at fault but did not put this in writing, just stuck to exactly what I saw.

6 months later, I have been contacted by an accident investigation company as the two sides still can't agree who was at fault. I am being asked to provide a "Court compliant" (or something like that) statement. The accident investigation company will write it. It will take 30-60 minutes to complete.

I consider myself a decent person who likes to do the right thing, but my gut feeling is to not get any more involved. I really don't know what else I can add and I don't see how this is going to bring the two sides any closer to agreeing fault.

Has anyone else been through this and/or knows what happens next if (presumably) the two sides still won't agree fault? The fact they've mentioned "Court" suggests that would be the next step?

Thanks in advance.

 

[Thunder Bolt]

It's not exactly the same, but as a pedestrian I witnessed a lorry ploughing into a car. I gave my name and address to the car driver. Her insurance contacted me to make a statement of what I had seen and draw a diagram. That was the extent of it. There was no mention of court proceedings.

 

[Brian Potter]

Liability still disputed, neither side giving in, so will end up in court for a decision. Your statement will be taken by a firm such as Cotswolds, who are mainly ex coppers. That way the statement will be taken properly (hence "court compliant" so the other side can't get it chucked out on a technicality) and their report will also refer to how reliable you came across as a witness (asking the "same" question in different ways to see if you are consistent etc.) . Have been interviewed once in a similar circumstance, and assigned them many times.

 

[mothy]

I know it's a pain, but do the right thing & say what you saw. Then karma may help you out one day.

Say what you saw & don't lie & you've nothing to worry about or lose (apart from a bit of your time)

 

[BNthree]

Have been in a similar situation and given a statement like that. What bothered me was there a lot of my time taken up by it but I never once got thanked for it. Just made me likely not to help out next time which makes me petty I know but a thank you goes a long way.

 

[Paul Reids Sock]

Sounds a bit odd. Am I right in assuming that this is on behalf of one of the sides rather than neutral? Is there a risk that with them writing it they could skew your words to, whilst still being accurate, favour their client?

 

[Audax]

As a motorcyclist myself, two views on this:

1) If your opinion is that the car driver was at fault, please do cooperate. Coming from a biker family and having spent a lot of time on the roads and with other bikers, there's far too many instances out there of bikes being hit (or run off the road, car never to be seen again) and the at-fault car driver getting away with it. I don't know how the insurance industry works over here, but for a long time in Australia the insurers automatically made the biker 50% at fault regardless of the facts of the situation - purely because they were on a bike. Any actual fault that lay with the biker than added on top of that. For a long time (maybe still?) motorcyclists in Australia were subsidising the insurance of bad car drivers as a result.

2) If your opinion is that the biker was at fault, I still say go for it. I'm not blind to the fact that there are idiot riders out there who put their own, and others', lives at risk by riding dangerously.

 

[Gary Hart's Stalker]

Sounds a bit odd. Am I right in assuming that this is on behalf of one of the sides rather than neutral? Is there a risk that with them writing it they could skew your words to, whilst still being accurate, favour their client?

They have been appointed by one side, yes, so good point about neutrality. Thanks

 

[rippleman]

Tell them that your hourly rate is £150 and you require payment up front.

That should do the trick!

 

[Brovion]

Have been in a similar situation and given a statement like that. What bothered me was there a lot of my time taken up by it but I never once got thanked for it. Just made me likely not to help out next time which makes me petty I know but a thank you goes a long way.

Yes, ditto. A few years ago I witnessed a very minor accident in Cheddar Gorge. It was a narrow road, I was following a coach and there was a big motor home coming towards us. The motor home pulled as far over as he could go to his side of the road, stopped, and then the coach proceeded to slowly try and get past ... only he just miscalculated a bit and crunched the rear wing of the MH. The MH driver came over to me and asked me to be a witness. I agreed as I thought he was in the right as he was stationary and the coach hit him. (The coach driver didn't approach me). They obviously swapped details, then we all went our separate ways.

The MH owner's insurance company contacted me and I did the usual drawing, wrote what I'd seen and said that in my opinion his client was in the right. I thought nothing of it, but a few months later I started getting letters from their solicitors saying the claim was being contested and I might have to go to court. Like the OP I had to review my statement, talk on the phone with someone, and then sign a new copy I was sent (This might be the 'Court Compliant' thing mentioned in the OP). I then received a letter saying a date for the Hearing had been set and I was expected to go down to Swindon! I asked if I'd get expenses, and I got a very huffy letter back saying it was down to the judge and I'd have to provide receipts and proof of any loss of earnings.

Fortunately Covid happened and the hearing was on-line, so I didn't have to physically travel anywhere. But like you I was never thanked for my time, indeed I had to ring the insurance company's solicitor to find out what the result was.

Sounds petty but yeah, I wouldn't do it again unless legally obliged to. Not sure if that's of any help to the OP.

 

[South Stand Bonfire]

Two years ago whilst driving to Hassocks to get a train in the morning, a Fiat Punto type car was overtaking a van coming towards me about 200 yards way. He struggled to overtake the van up the hill and when I could see it wouldn't have time to pull over, I pulled over to my left as he continued in the middle of the road. In my wing mirror I then saw his car start to fishtail and then it did a full 360 degree roll. Myself and others stopped and the driver got out uninjured. The Police came to quiz him and the van driver who he clipped and I gave a witness statement. A month later I got a police letter stating that I was just noted as "being involved in a accident" as I was driving when it happened but with no fault, injuries, damage to me, but it cost me about £30 quid extra when It came to renew my car insurance.

I would give a witness statement but if it goes any further, ask for your legitimate time and expenses to be paid to you.

 

[Postman Pat]

I witnessed a crash in Crawley a while ago, car in front of me was indicating, so car pulled out of a junction but indicating car carried on, didn't realise they were indicating.

Gave my initial statement and then a while later got asked to attend court as a witness, on the morning of the case got a call to say issue had been settled and I didn't need to attend after all.

 

[Pavilionaire]

Last August, I witnessed a car v motorcycle accident, so stopped in case First Aid was required. I also gave my details to one of the involved parties as a witness.

I provided my version of events, giving a description and drawing of what happened which I kept very factual. I have my own opinion as to who was at fault but did not put this in writing, just stuck to exactly what I saw.

6 months later, I have been contacted by an accident investigation company as the two sides still can't agree who was at fault. I am being asked to provide a "Court compliant" (or something like that) statement. The accident investigation company will write it. It will take 30-60 minutes to complete.

I consider myself a decent person who likes to do the right thing, but my gut feeling is to not get any more involved. I really don't know what else I can add and I don't see how this is going to bring the two sides any closer to agreeing fault.

Has anyone else been through this and/or knows what happens next if (presumably) the two sides still won't agree fault? The fact they've mentioned "Court" suggests that would be the next step?

Thanks in advance.

I haven't been through this but if I was the victim in the accident I would like to think any eyewitnesses would come forward to give their statement so that the right outcome would be achieved.

I'd argue it's stuff like this that we have a civic duty to perform so that society stays on the straight and narrow.

 

[Originunknown]

I would second this, as a motorcyclist, if there was no fault on the part of the motorcyclist and they have been injured, their protective equipment and bike have been damaged then it is important that you make a statement. Their livelihood could be impacted if they have been injured through no fault of their own.

If on the other hand they were riding dangerously then I would be less inclined to provide an additional statement. I'm sure the driver was nicely protected either way.

 

[The Clamp]

Last August, I witnessed a car v motorcycle accident, so stopped in case First Aid was required. I also gave my details to one of the involved parties as a witness.

I provided my version of events, giving a description and drawing of what happened which I kept very factual. I have my own opinion as to who was at fault but did not put this in writing, just stuck to exactly what I saw.

6 months later, I have been contacted by an accident investigation company as the two sides still can't agree who was at fault. I am being asked to provide a "Court compliant" (or something like that) statement. The accident investigation company will write it. It will take 30-60 minutes to complete.

I consider myself a decent person who likes to do the right thing, but my gut feeling is to not get any more involved. I really don't know what else I can add and I don't see how this is going to bring the two sides any closer to agreeing fault.

Has anyone else been through this and/or knows what happens next if (presumably) the two sides still won't agree fault? The fact they've mentioned "Court" suggests that would be the next step?

Thanks in advance.

If nobody suffered severe injury and it’s just about blame and money, I’d leave well alone.

 

[Gazwag]

I would second this, as a motorcyclist, if there was no fault on the part of the motorcyclist and they have been injured, their protective equipment and bike have been damaged then it is important that you make a statement. Their livelihood could be impacted if they have been injured through no fault of their own.

If on the other hand they were riding dangerously then I would be less inclined to provide an additional statement. I'm sure the driver was nicely protected either way.

So next time that motorcyclist is riding dangerously causes an accident by crashing into a car and his bike ploughs into a group of children that will be okay as well, as long as the biker gets a new set of leathers.

 

[Originunknown]

So next time that motorcyclist is riding dangerously causes an accident by crashing into a car and his bike ploughs into a group of children that will be okay as well, as long as the biker gets a new set of leathers.

You have an active imagination. I'm sure the existing statement will suffice if the motorcyclist was riding dangerously.

 

[highflyer]

Would echo some of the others on here and say do what needs to be done.
Provide the statement. Ensure whatever you sign reflects exactly, and only what you are sure about seeing. If you aren't sure say you aren't sure.

I'd imagine the side that has contacted you has seen your original statement and believes that it supports their client.
You may be the best option available for settling this correctly. One day it might be you that needs a witness to do the same for you.

Trust in Karma.

 

[swindonseagull]

Some bloke knocked on my door last night and asked if I would be Jehovah's Witness.
I just politely told him I didnt see the accident.

 

[swindonseagull]

I was expected to go down to Swindon!

You dont want to come down here...we have the magic rounderbout and its a dump ( according to many of NSC's finest know alls ) who have been as far as The County Ground.