If there is a liability dispute, your attorney contacts and makes arrangements to get recorded statements from your witnesses and then provides that information to both insurance companies. Your attorney may also be able to locate other witnesses and obtain the police report to contact the police officer for additional helpful information.When there is a dispute as to who is at fault, contacting the witnesses early is very important. Often witnesses leave only a name and phone number at the scene. Sometimes the witnesses leave no information and only talk to the parties at the scene and then leave.Once the client reports the accident to the lawyer, the lawyer should immediately attempt to contact the witness.
Upon speaking to the witness the lawyer should get enough information from the witness so that if the case does go to trial several years later the witness can be located. Lawyers will usually get the name , address and telephone number of the witness. I always try to get emergency contacts for the witness like parents or place of employment. If the witness will provide it I will get their date of birth. All of the above information will make it easier to locate the witness in the future.I will then try to interview the witness immediately. I will go over the story with the witness and make sure they know as many details as possible. The insurance companies will only talk to the witness one time, so when they do give a statement , I want them to have the story straight with no confusion. By the time the witness gives a statement to the insurance company his testimony should be as polished as if he were ready to testify in court.
In addition talking to the witness will also expose weaknesses in our case that either need to be strengthened or perhaps lead to the conclusion that the case should be dropped.
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