Can I claim if there were no witnesses to my accident?
To make a successful personal injury claim, you must be able to demonstrate that the other party, known as the defendant, owed you a duty of care and was liable for the injuries you suffered as a result of your accident. In order to demonstrate that the defendant was responsible for your accident and subsequent injuries, evidence will be required, and this can often include witness statements.
If you are able to produce a statement from an independent witness that corroborates your account of what happened, it is more likely that you will be considered as having a strong case. To win your personal injury claim, you (the claimant) must prove that another party (the defendant), was responsible for your injury. You must also establish that this party owed you a duty of care.
However, it may be possible to make a successful claim without the support of an eyewitness. In criminal cases, there must be proof, beyond reasonable doubt, that the defendant is guilty. However, in civil claims such as personal injury cases, if there are no witness statements available, the courts will rule based on a ‘balance of probabilities’. This means that a court will review both sides of a case and determine the most realistic and probable account from the information presented. This means that medical evidence, for example, may be sufficient to prove liability in the absence of witness accounts. Additional evidence, such as photographs, can also be used to back up your claim in the absence of any witnesses.