Helping Your Case with Witness Statements...

We have referred to witness statements a few times already, but they deserve some special attention. Your case may end up relying on witness statements - but they aren’t always easy to get.

Anyone can be used as a witness, as long as they have something relevant to say. This means that if a friend was with you at the time of the accident, you can have them make a statement on your behalf. If the situation was really questionable, then their bias may be brought up. Still, it won’t hurt your case by having them make a witness statement. But it could hurt your case if they say nothing at all.

More than likely you'll be seeking out strangers as witnesses. If the accident is one where the police make a report, there's a good chance they'll have collected statements of their own. Witness statements will wind up in their report, and you're entitled to use that report in your claim.

Getting more than that is still important. Do your best to get the names of anyone who saw the accident take place. You want to talk to them as soon as you can about what they saw. The important information to get first is their name, address and phone number.

When you talk to witnesses for their statement, you need to ask particular questions to get the best information for your claim. First of all, ask what they saw. Have them explain the accident from their point of view and in their own words.

If they actually say that the other person was at fault, ask them why they think that - their answer may give you more evidence. Saying the other person was at fault is just an opinion, and not expert witness testimony, but it'll definitely work in your favor. You also want to know where they were when the accident happened. It's important to know whether or not they had a good view of the scene.

Don’t forget that these people have nothing at stake. They are making a witness statement about something that they weren’t involved in. People know they aren’t obligated to make a statement to you. That means you should approach them calmly and politely. You want them to want to talk to you. Don’t be forceful with your questions, and don’t demand anything of them. Act grateful and thankful for anything they offer.

Witnesses may not want to give you some of their personal information, and that’s okay. The more you know about them the better, but you've got to take what you can get. If they give a phone number, but no address, don’t pressure them for more information.

Lastly, make sure you get any witness statements as soon as you possibly can. Don't wait until you're filing your claim, because by that time they may have forgotten most of the details. Peoples' memories fade fairly quickly, so this is action you should take right away.

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