In a car accident claim, it is helpful to prove damages by using a witness report. Through this report, you can prove fault for the accident and show that your injuries and damages are related to the accident. There are several considerations and steps to take when using a witness report in your claim.
The Timing of the Report
To be usable for your claim, a witness report must have been made immediately following or within a short time after the accident. This is to ensure that the facts and information contained in the report accurately reflect the accident because they will still be fresh in the witness’ mind. Additionally, the report must have been made for some official purpose related to the accident, and not at the personal request of one of the parties. A report made simply because the witness wanted is admissible in court.
Support the Report
In your claim, you must show the insurance company that the report is reliable. Provide the date the report was made, the name of the party that made the report, that the witness saw the accident firsthand and that the witness was turned to by authorities to create a report. It is also wise to point out whether or not there is any relationship between you and the witness that may impede or enhance their recounting of events. A stranger making the report has no interest in the accident and therefore nothing to gain, making his report more reliable.
Refer to the Statement
The key to using a witness report in your claim is to make it essential. Refer to the facts in the report as much as possible to draw the insurance company’s attention to it. Include the same facts as those in the report in your claim, using similar or even the same wording wherever possible. Additionally, remind the insurance company that the witness report is intended to act as evidence of the correctness of your claim.
Identify the Authority Behind the Report
If the policy or other insurance company requested the report be made, include that information in your claim. Showing that you did not request the report demonstrates that you were uninvolved and disinterested in its creation, providing it with more validity.
Use the Facts!
Watch out for personal opinions or reflections in the report. Steer clear of anything that is not factual. Rely only on those things that are proveable and demonstrate how they assist your claim. For example, if you are attempting to show your innocence for responsibility for the accident, use the witness’ statement of which car impacted the other in your claim.
Obtain Legal Assistance
If you are filing a claim for an accident and would like to include a witness report in your claim, seek legal advice. A lawyer will be able to assist you in completing your claim and using the report to increase your chances of obtaining compensation.
