Having an independent witness to your accident could be one of the most crucial elements to proving your claim and receiving the compensation you deserve.
In most accidents that happen, when we speak to our clients to take the facts of the accident, we ask whether there was any witnesses. Although in most cases, a witness may not be necessary to prove your claim, especially if the Defendant’s hold their hands up and admit responsibility. There is going to be instances where a Defendant tries their luck and argue the facts. If we have a witness that is independent and has nothing to gain by giving us their evidence, this could be enough to swing a case that otherwise may have been 50/50 and come down to the credibility of both parties.
Normally a claim would not go as far as a trial but wit the evidence of independent witnesses, it is even more likely to settle before that stage as insurance companies know the important of witnesses.
Witnesses are crucial in all manners of the claims, in road traffic accidents, they could support the circumstances of the accident, in public and employer liability cases they could help us where the Defendant says a defect was not there last time they inspected to the accident location and a witness may come forward and say there has been a pothole/raised curb etc. for years that a company has just failed to recognise. Companies and insurers will regularly rely on inspection records, which may not be accurate so if we can prove that there was a defect for some time despite what their records say, it could help us substantially and also undermines their evidence.
Therefore the best advice that we can give is that if you are unfortunate to be involved in an accident, please identify any other parties at the scene that would be wiling to support us or consider if there are residents or frequent visitors to the area that could attest that the state of the area was not safe for some time prior to the accident.