Making a Statement

torrevieja

A few months ago i witnessed an accident and i did go to a make a statement but i was sort of got the impression did i really want to make a statement might be best if i didn't.


So it was left at that but a few nights ago someone rang me from a legal company and i explained it might be best i dont go to court and he said that the insurance company are at a 50-50 stale mate and would i make a written statement for the insurance company,

what im thinking is if this legal guy could get my details that easy what would be to stop the other party getting my details,

Do i have to make any statement now ?

Thanks in Advance ...

Fred Swanson

This post has been deleted.

Little CuChulainn

They might just summons you to court anyway and then you'll have no choice.

torrevieja

in a case who doesnt want to make a statement will the Garda give out that information to the public

torrevieja

Will the Garda Give out contact details of a Witness to the Public ?

Fred Swanson

This post has been deleted.

torrevieja

i cant believe that he got it

coylemj

torrevieja wrote: »

A few months ago i witnessed an accident and i did go to a make a statement but i was sort of got the impression did i really want to make a statement might be best if i didn't.

You need to be a bit more specific. Was that the Gardai who basically said that they didn't need a statement from you?

That would tally with my experience, the situation is that if there's enough eye witnesses making statements to support one particular view of things and they all more or less say the same thing, the Gardai will discourage any further witnesses from making statements to simply save them time.

In answer to your question, you are not obliged to give a witness statement to the Gardai or lawyers acting for either side so you can safely tell that lawyer that you have no statement to make. As to how that lawyer got your contact details, did you give them to either party at the scene of the accident?

Fred Swanson

This post has been deleted.

torrevieja

and im sure i was the only witness

Pi??es me off is just turning up at the house not even a phone call ?

coylemj wrote: »

You need to be a bit more specific. Was that the Gardai who basically said that they didn't need a statement from you?

That would tally with my experience, the situation is that if there's enough eye witnesses making statements to support one particular view of things and they all more or less say the same thing, the Gardai will discourage any further witnesses from making statements to simply save them time.

In answer to your question, you are not obliged to give a witness statement to the Gardai or lawyers acting for either side so you can safely tell that lawyer that you have no statement to make. As to how that lawyer got your contact details, did you give them to either party at the scene of the accident?

brian_t

torrevieja wrote: »

Pi??es me off is just turning up at the house not even a phone call ?

In your OP you said they rang you ?

Leo Demidov

brian_t wrote: »

In your OP you said they rang you ?

Incredible!
Uncredible?
Not Credible!

Little CuChulainn

Op can I suggest you organise your thoughts a little and put together a post we can follow. You are all over the place. A solicitor can request an abstract report of an accident which would include details of any witness. If it's a solicitor that showed up at your door it's probably because phone numbers aren't supplied on these reports.

Pat Mustard

OP, it is more difficult to make sense of your posts when part of a sentence is in the title to your post and another part of the same sentence is in the body of the post.

If you post clearly, this will facilitate clearer replies.

torrevieja

here is the story and update :

A few months ago i witnessed an accident and i did go to a make a statement but i was sort of got the impression from the Garda did i really want to make a statement might be best if i didn't.

So it was left at that,

A few nights ago someone called but i was not there,

So later i rang him and he asked me did i witness an accident etc, i said i was behind the driver but i think he may have had the green light, im not 100% and i said i originally was going to make a statement but was told probably best that i didnt,

He then said would i give him a written statement

I told him i wasn't going to court his answer was that it would not go to court but i feel it might,

He wants to meet up with me .

I contacted him to find out how he had my details and he said he applied to the Garda Superintendent for an abstract of the Garda Report which details all persons witnesses etc, apparently it gives your address.

Im not all happy at all that this person did not write to me first and just called

what im thinking is if this legal guy could get my details that easy what would be to stop the other party getting my details,

Do i have to make any statement now ?

Thanks in Advance ...

Sorry for the mix up folks

Little CuChulainn

The other party are also entitled to a copy of the abstract with your details.

coylemj

torrevieja wrote: »

I told him i wasn't going to court his answer was that it would not go to court but i feel it might,

You're not obliged to make a statement, even if the Gardai ask you to. If you do not want to go to court then tell that lawyer you will not make a statement. This is a civil case, the Gardai are not involved and you are free to not get involved, nobody can force you to make a statement.

You don't want to go to court, he wants your statement so he will give you all sorts of assurances that it won't go to court but when it comes to the crunch, he has to do the best by his client which means that if you give him a written statement and he decides that your evidence will help his client's case, he will have you issued with a subpoena to attend the court case if there is one.

You could be hanging around all day while the two sides negotiate a settlement and they will probably never actually end up in a court room but you will be obliged to be present in case they do.