Experience has taught us that unless we clarify the situation at an early stage, there can be discrepancies which sometimes do not come to light until the case has reached an advanced stage. At the same time we write to witnesses, asking them to provide a statement to assist in the preparation of the case. At this stage we prefer to write to witnesses at their home address, rather than at the company. Confidentiality is very important and we do not want the company to be in receipt of letters that are sent for the purpose of investigation. Witnesses should be encouraged to make statements in their own words and should not provide a copy of these statements to management.
Witnesses are under no obligation to inform management they have been approached.
If they are asked to provide a statement for the purpose of defending the claim they should feel free to refuse if they wish. A witness cannot be compelled to give a statement to assist the insurance company s investigation into the claim if they do not wish to do so. Whilst we keep comprehensive records of all cases, we often need your assistance to identify other previous accidents which are similar. Any help that you can give us at this stage will be invaluable. In some cases we are able to form a view about the person's prospects of success at this stage.