Consequently, if you are the driver but not the owner of the vehicle damaged in an accident you will be the Claimants (or Defendants) main witness.

Independent Witnesses

The best witness is someone completely independent of either driver and preferably not a passenger in any of the vehicle involved.  However, a fare paying passenger in a taxi or bus may be regarded as independent if he or she did not know the driver before the journey was commenced.

Other motorists whose vehicle were not involved are good independent witnesses if they actually saw the accident rather than just the aftermath of it.

Where there has been a three (or more) car shunt“ see Rear End Shunts “ the driver of Car One may witness how many impacts were felt.

Non-independent witnesses

Passengers in a vehicle can give evidence at trial as they are competent and compellable but their evidence will carry less weight than a witness who is fully independent.

If however, the passenger is injured and liability is disputed, then the driver of their vehicle is potentially a party in any action they may bring. Consequently, they cannot give witness evidence until their claim has been settled or an agreement reached as who pays their claim (nor can they be represented by the same solicitor as the driver).

Witnesses who did not actually see the accident

Sometimes, a witnesses may arrive upon the scene seconds after the accident or have heard the impact rather than seen it or can comment on the reckless driving or speed of the negligent driver immediately before the accident took place.

Their evidence may be of more limited value but nevertheless they can give evidence if desired.

Whose witness?

Whilst a witness may be called by any driver involved, there is no property in a witness which means that he or she  can contacted and compelled to give evidence by either party “ and this can apply to passengers in the opponents vehicle.

Police reports

In more serious accidents, the Police may have taken statements from witnesses and there may be statements from the officers attending. However, one should be wary of reying on any comments attributed in the police report to either party or any independent witness unless part of a Witness Statement actually signed by that person.

Expert witnesses

An expert witness is a person who did not witness the accident but has been asked in a professional capacity to give evidence.

Thus an independent GP or consultant may be the medical expert or a consulting engineer may be called upon to provide evidence of the value of the vehicle.

Whilst they may have been instructed by one of the parties, they owe a duty to the Court not to the person responsible for paying their fees.

Chris is a Road Traffic Accident solicitor for Kaslers in Kent.