Witness Statements A presentation by Jon Fitzsimons, Garwyn Liability Adjusters

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Witness StatementsA presentation by Jon
Fitzsimons, Garwyn Liability Adjusters
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WHAT IS A STATEMENT?

• A signed statement is a detailed report or a
  verbatim statement written in the first person by
  someone who has knowledge of an accident or
  occurrence
• It is the adjusters absolute duty to take an
  intangible, incoherent and spotty report and
  without changing the contents or the personal
  idiosyncrasies, convert it into a legible
  written account which will be clearly understood
  by even the dullest Judge.

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OBJECTIVES

• Understand why, when and from whom statements are
  taken
• Get a witness on your side to enable you to
  obtain their evidence
• Create a witness statement
• Appreciate the pitfalls and the problems in
  obtaining an incorrect statement

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REASONS FOR TAKING A STATEMENT

• To prove your case - or disprove your opponents
• To give clients evidence of investigations
• To support a denial of liability (CPR)
• To jog a witnesses memory
• To prevent an alternative version of events

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WHEN SHOULD STATEMENTS BE TAKEN?

• As soon as possible after the event
• In all cases where we intend to deny liability
  either in full or part
• In all serious incidents where our clients
  potential exposure is high

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WOULD YOU TAKE A STATEMENT FROM THIS MAN?
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FROM WHOM SHOULD STATEMENTS BE TAKEN?
FOUR CATEGORIES
A Eye witnesses to the event B Eye witnesses to
events immediately before or after the
accident C Witnesses to background
facts D Negative witnesses
Put your witness to the test
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HOW TO OBTAIN A STATEMENT

• Make sure the witness is there!
• Get the witness on your side - put them at ease
• Interview them one to one in a quiet environment
• If possible - assure them that they will have no
  financial, criminal or disciplinary exposure
• Be flexible
• Explain
• Show an interest - do not be a know all
• Above all - listen

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WHAT TO INCLUDE AND EXCLUDE FROM A STATEMENT
RULES

• Statements are in the first person
• Use the witnesses own choice of words
• Keep the witness honest - include bad evidence
  as well as good
• Keep witnesses to the point
• No guesswork!
• No blame!
• Avoid profanity or derogatory remarks
• Make it legible
• Avoid hearsay

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FORMAL RULES

• Contents
• The body of the statement
• The format of the statement
• What if the witness cannot read or write
• Alterations
• General rules for signature of statements

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ASSESSING YOUR WITNESS

• What is your witness like?
• Will they be able to give evidence in Court?
• Do you doubt their integrity or impartiality?

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PITFALLS

• Rasool -v- West Midlands Passenger Transport
  Executive (1974)
• Alex Lawrie Factors -v- Morgan (1999)

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OUR OBJECTIVES WERE

• Understand why, when and from whom statements are
  taken
• Get a witness on your side to enable you to
  obtain their evidence
• Create a witness statement
• Appreciate the pitfalls and the problems in
  obtaining an incorrect statement

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