In situations of "he said, she said”, where both parties think the other party was at fault, an independent witness can really help to figure out what happened.
Courts value the opinions of independent third parties, because they know that independent third parties are unlikely to be biased.
For this reason, witness statements hold a lot of weight, and can provide crucial evidence about who was at fault.
How to find witnesses
The easiest and fastest way to track down any witnesses to an accident is to ask for their details at the time of the accident. If you are able to, ask them for their name and contact details (ideally, you should ask for a few contact details in case you can’t reach them one way).
What if you couldn’t speak to the witnesses at the time of the accident? What if you were injured and taken immediately to hospital? There’s still hope…
There are many ways to track down witnesses, including:
- If the police attended, ask the police if they got any contact details for any witnesses.
- The police might not be able to give you those details straight away. But, they might be able to contact the witnesses and ask if it is okay to release their details to you.
- Put up fliers around the accident scene, asking witnesses to contact you.
- Put an advertisement in the local paper, asking witnesses to contact you.
- Drop letters in the mailboxes of nearby houses or stores, asking witnesses to contact you.
For an example of what to include in a flier/advertisement/letter drop, click the button below.
So you’ve found a witness…
Once you have found a witness, contact them.
This is best done with a telephone call, so that you can explain your situation and ask them questions. A good format for the telephone call is:
1. Explain why you need help
It is often useful to explain why you need information from them. For example:
I was recently involved in a motor vehicle accident at [location] which caused me some injuries. I am bringing a claim for compensation for my injuries against the CTP insurer of the vehicle at fault. I am not bringing the claim against the actual driver at fault.
As part of the claims process, I have to find out who was at fault for the accident. Since you witnessed the accident, I am hoping that you will be able to provide some details about what happened.
This will help the witness understand why it is so important for them to tell you what they know. Explaining that you are bringing a claim against a CTP insurer also helps witnesses feel more comfortable about helping you (as the won’t feel like they are helping you take money away from another person).
2. Ask your questions
It is important to get the information you need, but it is also important not to lead the witness to say something other than what they know. Some key questions to ask are:
- What is your full name?
- What is your address?
- Did you witness an accident on [date] at [location]?
- Where were you when the accident occurred?
- When did you first see Vehicle A? Where was it? What direction was it travelling? If possible, estimate what speed it was travelling at.
- When did you first see Vehicle B? Where was it? What direction was it travelling? If possible, estimate what speed it was travelling at.
- Did you notice anything strange about either vehicle? E.g. Swerving, honking, braking.
- When did the accident occur? How do you know that was the time?
- Where exactly did the accident occur?
- Did you see either vehicle take actions to avoid the accident?
- Describe the accident.
- Where did each vehicle end up?
- Did you attend the scene after the accident?
- Did you notice any damage to either vehicle?
- Did you record either vehicle’s registration numbers?
- Did you see anyone involved in the accident? What did you observe about them? E.g. Injured, upset, in shock, unconscious, drunk, etc.
Think carefully about what information you need before you call, so that you can ask questions that are relevant.
3. Thank them
Make sure you thank the witness for their help. This can be a good time to do that.
Remember, witnesses do not owe you anything. They do not have to help you. They are taking time to help you, so let them know that you appreciate it.
4. Ask them if they will sign a witness statement
To solidify your evidence, you should try to have your witness sign a witness statement.
Your notes about what a witness said can be easily challenged. But if your witness signs off on your notes, stating that they are correct, the reliability of the document skyrockets.
A good way to ask a witness this is:
If I type up a statement of what you’ve just told me, would you mind having a look at it to make sure that I’ve understood you correctly?
If I have misunderstood you in any way, or there is some other error, you can let me know and I will fix it up.
Once it’s all correct, would you mind signing off on it?
Again, a witness is not obliged to do this for you. So ask politely, and explain the importance of it if you have to.
Witness statements
Now that you have the information you need, it is time to get it verified. You can do this by getting the witness to sign a statement containing that information.
The best way to obtain a statement from a witness is to do the work for them.
Once the witness has told you what they know, type it up and send it out to the witness to sign.
For an example witness statement, click the button below.
For an example letter to a witness asking them to sign the statement, click the button below.
If you have any questions, or would simply like some further guidance, please feel free to contact us. Our friendly team will help in any way we can.