Accident - Dubious Witness Statement

michaelro

My Ex had an accident 6 months ago turning from a major into a minor road.
There was a car waiting to pull out and go in the same direction.
As my Ex turned into the road, he pulled out and bumped into the rear of the car.
Details were exchanged and I progressed with getting the car fixed (paid excess)

After a while of chasing, the 3rd parties insurer said they were pursuing an apparent witness.
No-one was at the scene or came forward just after the accident.
Fast forward several months and that witness statement is now official indicating that my ex cut the corner (a bump in a car door rather than a scrape suggests the opposite is true....)

The insurer is indicating that if the witness statement is valid and they are independent (Which is as simple yes/no apparently) they will agree fault claim?
Awaiting the witness statement to be sent to me officially.

I'm out several hundred pounds as policy is in my name and was renewed just after the accident.

Do I have any hope?
Can I do any investigative work or will statement be anonymous?
Surely there is a time-limit on this sort of thing..

its_all_Greek

If you suspect it as being a false statement then report it to the police as fraud

anticlaus105

I hope you get this sorted. Many years ago when I was young and naive, I was rear ended by a chap who had just pulled off a pub car park. He admitted fault and apologised and seemed really genuine. I was at a junction waiting to pull out and it's like he tried to overtake me and clipped my rear quarter. In hindsight he was probably under the influence. Fast forward a few weeks and suddenly an "independent witness" materializes saying I reversed into him. I learned a some valuable lessons from that.

SuperOxford

The witness statement should have the address of the witness blanked out and also maybe the name due to data protection. However not all companies are vigilant and will sometimes send them with the witnesses full details. If you have any doubts on seeing the witnesses details then tell your insurers. Dont try to contact the witness direct. That can sometime do more harm than good. Let your insurers handle it.

The statement should say where the witness was at the time of the accident. Was it possible he really was there?

Did you leave the scene of the accident before or after the other party. If it was after and you saw no-one approach the other party then you can get your insurers to ask the other side how the witnesses details were obtained.

If after seeing the statement you are sure the witness wasnt there then you can ask your insurers to send their claims inspector out to take a statement from the witness face to face. As much as anything that gives the inspector the chance to gauge the witnesses credibility. If the witness does not co-operate with the inspector and they cant take a statement from them it does not make the witness look good. Why would the witness not see the inspector if he saw the accident?

If your insurers cant prove the witnesses wasnt there or at least damage his credibility then my guess is they will have to pay the third party claim in full as thats what would probably happen if it went to a court hearing.

If it can be proved the witnesses wasnt there then a 50/50 settlement is likely as its then a matter of it being one persons word against another. You may get slightly more based on the other person making up a witness but that could be a struggle.

Good luck