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

[British Bulldog]

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.

Just stick to facts as you did in the first place, once you put opinions into your evidence you'll create more problems than you need.

 

[sparkie]

If no one was hurt and it looked like a complete accident / honest mistake I wouldn't bother.

If one of the involved was 'driving like a maniac' then I'd give a statement without hesitation.

 

[Gary Hart's Stalker]

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.

Many thanks for this ,
This is exactly how I see my one panning out, hence my reluctance at wanting to get more involved.

 

[Gary Hart's Stalker]

Thanks everyone for your replies, the majority of which are for me to do the right thing and give the statement.
I will sleep on it and decide tomorrow.
If it was me in the accident I would like to think someone would do the same for me.

 

[amexer]

Over the years have had a couple of minor pangs that were not my fault. Each time would have been very grateful for an independent witness. Surely should not be withdrawing help now

 

[portlock seagull]

Been there for the T-shirt. Never again, not for damaged metal anyway.

Liars get away with, put onus back on insurance companies and move on. My advice be to stay away, as you’re realising there’s more to come in terms of time and even expense and you get no thanks for either! I learnt hard way and say feck ‘em next time. Life’s shit when someone without insurance, a born liar crashes into you but that’s life eh? Tell them to politely deal with it and not to contact you again. Best luck!

 

[father_and_son]

From an insurance company perspective... The loser will pick up all the costs (or a share if the court decides it is partial blame) so any insurer not willing to spring for reasonable expenses for a witness that helps their case is basically just chancing it. And the side represented by an Accident Management Company or Claims Management Company is almost certainly chancing it... Ambulance-chasing is what they do, so it's almost all speculative attempts to screw a little bit more out of an insurance company so they can add on a hefty fee.

Just asking for reasonable expenses will immediately filter out whether they want you to clarify or muddy the waters!

 

[drew]

Personally think you should get involved as you never know when you might need someone to be a witness for your or a member of your family.

I also don't see a problem in giving your opinion, as long as you back it up with why you think that.

 

[Weststander]

My advice is to do the right thing and see this through.

An independent witness was a great help to me on a Sussex country road 5 years ago, when an idiot in a car came flying out of a builders yard into my brand new car.

All told, the dope cost insurance companies north of £20k.

At first he told the truth, but I got a heads-up from the vehicle recovery guy (he dealt with both cars!) that the dope was minded to change his story. Which he did.

The witness was the clincher.

 

[Brovion]

Many thanks for this ,
This is exactly how I see my one panning out, hence my reluctance at wanting to get more involved.

Yes, if I knew then what I know now I'd have left it after I'd done the initial report for the insurance company. When I was first asked to go to court I said I wouldn't be any use as it was a few years ago and I barely remembered the details. I was told it wouldn't be a problem as all I'd have to do is say "Yes, that's my statement", and that would be that. Oh no it wasn't.

As I mentioned I was the only witness, and I was appearing for one side. On the morning of the hearing (it was all done by Zoom) our side's barrister contacted me and walked me through my statement saying that she would ask me some questions, and then the other side's barrister would cross examine me. Unfortunately our person only knew she was doing it the previous day and had no knowledge of the case, whereas once the Hearing started it became obvious that the other side's barrister was much better prepared. She absolutely destroyed the poor motorhome owner. He was reduced to blubbering "Er, yes, er, no, er, I don't remember". Indeed if she'd said "And after the accident you went home, murdered your neighbours and burnt down the local orphanage didn't you?" he'd have replied "Er, yes, er, no, er, I don't remember".

My barrister didn't ask any of the questions she said she was going to, before handing me over to the rottweiler. In fact it wasn't so bad, I did just stick to what I'd written and when she asked me things that weren't there, or were the exact opposite of what I'd written (such as who I felt was at fault), I was able to say "No, my statement says ...". When she gave me a thin smile and said "No more questions" the judge said I could leave the Hearing. Then like I say I heard nothing from 'my' side's solicitors until I chased them out of curiosity to find out who'd won. Spoiler alert - it wasn't us!

 

[Gabbafella]

I literally witnessed a woman on a bicycle plough into the side of an absolute **** in a mini only last night.
She was coming down by the law courts and the moron in the mini pulled out from the opposite direction across her path. She had nowhere to go but into his front passenger side wing.
She gave him a few choice words and explained she had right of way, he basically called her a **** and said she had damaged his mini.
I didn't get chance to speak to her before she rode off calling him a wanker, but if anyone knows her then I'd gladly be witness if she took it further.
Hopefully she was ok, I also hope the adrenaline didn't mask any injuries until after she had ridden off.

 

[Gazwag]

My advice is to do the right thing and see this through.

An independent witness was a great help to me on a Sussex country road 5 years ago, when an idiot in a car came flying out of a builders yard into my brand new car.

All told, the dope cost insurance companies north of £20k.

At first he told the truth, but I got a heads-up from the vehicle recovery guy (he dealt with both cars!) that the dope was minded to change his story. Which he did.

The witness was the clincher.

My daughter was following a carpet fitters van along a street and he stopped, so did she, and he suddenly went into reverse and before she could press her horn he crashed into her. He saw a parking space apparently but not her car. He change his story saying she crashed into him, thankfully a witness saw it happen and told the insurance companies the truth.

 

[portlock seagull]

My daughter was following a carpet fitters van along a street and he stopped, so did she, and he suddenly went into reverse and before she could press her horn he crashed into her. He saw a parking space apparently but not her car. He change his story saying she crashed into him, thankfully a witness saw it happen and told the insurance companies the truth.

This is the problem. Liars everywhere. Poor parental upbringings. A society that believes saying sorry or being in the wrong is weak. Everyday it feels like the vast majority of people out there are simply out for themselves and at any cost. The rest of us can go **** our selves as far as they’re concerned.

The really worrying thing is LOTS of these types are reading my post right now - yes, YOU! Why are you and your children such a drain on our society and why can’t you do the decent thing?

 

[Weststander]

This is the problem. Liars everywhere. Poor parental upbringings. A society that believes saying sorry or being in the wrong is weak. Everyday it feels like the vast majority of people out there are simply out for themselves and at any cost. The rest of us can go **** our selves as far as they’re concerned.

The really worrying thing is LOTS of these types are reading my post right now - yes, YOU! Why are you and your children such a drain on our society and why can’t you do the decent thing?

Always been the way.

I was a novice driver in 1983 when a car drifted into my lane opposite Roedean mini golf course and we crashed. The 70 year old driver apologised profusely, "all his fault" we exchanged details. A lovely bloke, a retired copper. We were the only two cars in sight on a quiet midweek morning.

Once the claim progressed, a witness appeared for the other driver claiming I'd driven into the other car. A serving off-duty police officer, "he'd seen it all".

This is true story and they were the people we must trust implicitly.

 

[portlock seagull]

Always been the way.

I was a novice driver in 1983 when a car drifted into my lane opposite Roedean mini golf course and we crashed. The 70 year old driver apologised profusely, "all his fault" we exchanged details. A lovely bloke, a retired copper. We were the only two cars in sight on a quiet midweek morning.

Once the claim progressed, a witness appeared for the other driver claiming I'd driven into the other car. A serving off-duty police officer, "he'd seen it all".

This is true story and they were the people we must trust implicitly.

Yep, I include many Police in the ‘liars’ category. As we discover each week, many aren’t fit to wear the uniform. And I don’t mean the fatties…

 

[dejavuatbtn]

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.

I once went to the shopping centre near the ground - I assume it has since been knocked down and rebuilt as it was an absolute tip.

 

[swindonseagull]

I once went to the shopping centre near the ground - I assume it has since been knocked down and rebuilt as it was an absolute tip.

There is no shopping centre near the ground and has not been for the 32 years I have been here.

 

[dejavuatbtn]

There is no shopping centre near the ground and has not been for the 32 years I have been here.

Pretty sure it was on Fleming Way and was knocked down for the outlets now there? It was certainly within walking distance of the county ground. Must have been when we played them there in the play offs.

 

[swindonseagull]

Pretty sure it was on Fleming Way and was knocked down for the outlets now there? It was certainly within walking distance of the county ground. Must have been when we played them there in the play offs.

The Outlet is in the old Railway works .....oppsite side of town. opened in 1997

Play off game 2004......I think you mind is a bit addled.

Fleming Way is where the buses stop...and where Zurich is building its new offices.

 

[B-right-on]

This is the problem. Liars everywhere. Poor parental upbringings. A society that believes saying sorry or being in the wrong is weak. Everyday it feels like the vast majority of people out there are simply out for themselves and at any cost. The rest of us can go **** our selves as far as they’re concerned.

The really worrying thing is LOTS of these types are reading my post right now - yes, YOU! Why are you and your children such a drain on our society and why can’t you do the decent thing?

Cynical? Bitter? Twisted? Warped views? Not much.

There are a LOT of really nice kids out there which are decent and not the liars you are protraying them to be. There are plenty of yoof who contribute to society and are a valuable member of our community. No idea whats got your knickers in a twist but your views are plain wrong.

Infact your attitude is exactly what is wrong with society. Your previous post which says " My advice be to stay away, as you’re realising there’s more to come in terms of time and even expense and you get no thanks for either! I learnt hard way and say feck ‘em next time. Life’s shit when someone without insurance, a born liar crashes into you but that’s life eh? Tell them to politely deal with it and not to contact you again. Best luck! " shows that you ARE the problem, you and those like you which have the attitude of feck everyone else.

Pot. Kettle. Black.

Imo, like, of course.