Can I claim if there were no witnesses to my accident?

Witness statements play an important role in many personal injury cases. They can help establish how an accident occurred, who was at fault, and how the other party behaved. But can you still claim if there were no witnesses to your accident?

The simple answer is yes, as you can use many other types of evidence, such as photographs, accident reports, CCTV footage and medical records. Using examples such as these, your personal injury solicitor will still be able to build a compelling case even if there are no witnesses to confirm your version of events.

To find out if you are entitled to compensation and how you can support your claim, call 0800 470 0474 today or use our contact form to request a callback.

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Table of Contents

• What are the requirements for making a personal injury claim?
• What are witnesses in personal injury claims?
• What are independent witnesses?
• What are expert witnesses?
• Are witness statements essential for making a claim?
• What can I do if there are no witnesses to my accident?
• What is the balance of probabilities?
• What if a witness is reluctant to testify?
• Do witnesses have to go to court?
• What types of accidents are typically supported by witness statements?
• What is the time limit for making a compensation claim?
• Start your accident claim with a no win no fee solicitor

What are the requirements for making a personal injury claim?

Anyone who suffered an injury due to someone else’s negligence or wrongdoing may be able to claim compensation. To have a valid claim, you must be able to demonstrate the following:

• That the other party, known as the defendant, owed you a duty of care;
• That your accident happened because they breached this duty;
• That you suffered injuries and other losses as a result of your accident.

A duty of care is mainly established by referring to relevant legislation. Based on your circumstances, this could be the Health and Safety at Work Act 1974, the Road Traffic Act 1988 or other similar laws.

Evidence will be required to demonstrate that the defendant was responsible for your accident and subsequent injuries, which can often include witness statements. However, it may be possible to make a successful claim without the support of an eyewitness, as we will see below.

What are witnesses in personal injury claims?

In claims for personal injury, a witness is usually someone who saw the accident happen or was aware of the hazards or conditions that caused it.

In other cases, a witness may be a person who has specialised knowledge or expertise that can help a solicitor establish how an accident occurred and who may be at fault.

Witnesses may know the claimant or the defendant, or they can be completely independent, with no relationship to either of them. Ideally, they will be able to describe in as much detail as possible the following:

• The events leading up to, during, and immediately after the incident;
• The date and time of the event;
• Where the accident took place and any relevant details about the location;
• The environmental and weather conditions that might have contributed to the accident, such as a wet floor, potholes or heavy rain;
• Any actions of the parties involved that might have led to the accident, such as speeding;
• Whether an ambulance or the police were called to the scene;
• The behaviour of the parties involved and any visible injuries.

Having a witness who saw your accident can facilitate the claims process and ensure you receive the compensation you deserve. However, you can still make a claim even without witness evidence.

What are independent witnesses?

An independent witness is someone who saw your accident or has relevant information about its circumstances but does not know you or any other party involved.

In contrast, an involved witness is someone who saw your accident happen but is either:

• Actively involved or affected in some way, such as a coworker who was also injured in your workplace accident;
• Has a close relationship with you or any other party involved.

Statements from independent witnesses can potentially hold more weight when making a claim, as they are expected to be unbiased and objective.

On the other hand, testimony from a friend or family member may be less impartial and favoured by your relationship. Nonetheless, their account of what happened can still be valuable and help determine liability.

What are expert witnesses?

An expert witness is someone with a high level of skill, knowledge or experience in a particular field relevant to a personal injury case. For example, this could be:

• An accident reconstruction expert who can help determine factors such as vehicle speeds and the sequence of events leading up to an accident;
• A medical expert who can help determine whether you received substandard medical care, the extent of your injuries or their long-term impact on your life;
• A product safety expert who can assess whether a product was defective or unsafe and caused an accident;
• A financial expert can also help calculate loss of earnings during recovery, future loss of income and other financial damages resulting from your accident or injury.

The duty of an expert witness is to provide critical evidence that can help establish liability for a personal injury or the amount of damages that the claimant is entitled to receive.

Are witness statements essential for making a claim?

To make a successful personal injury claim, you 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.

If you can provide a statement from an independent witness that corroborates your account of what happened, your case is likely to be considered stronger. Testimony from friends or family who were with you when you were injured can also be helpful.

Witness statements are valuable because they can:

• Provide an account of the incident that supports your version of the events;
• Help build a stronger, more persuasive case when combined with other types of evidence;
• Provide details about the accident that you might have missed or forgotten;
• Enhance your credibility, making it harder for the other party to deny liability.

However, you can still claim compensation, even without a witness who was present at the scene of the accident. Other types of evidence, such as photographs, accident reports and CCTV footage, can also be used to prove your claim effectively.

What can I do if there are no witnesses to my accident?

If there were no witnesses to your accident, there are numerous other types of evidence you can use to support your claim, such as:

• Photographs or videos of the accident scene and any hazards that contributed to it;
• Pictures of your injuries directly after the incident and during and after recovery;
• If available, CCTV footage from the location that might have captured the incident;
• Medical records detailing your injuries, treatment and prognosis;
• Reports from expert witnesses such as medical specialists or accident reconstruction experts;
• A copy of a report registered in the company’s accident book if you were injured at work or on the premises of a private business;
• Your testimony about what happened, what you were doing before the accident and how it has affected your life.

Your solicitor will assess all the supporting evidence you hold and help you gather anything else you may need to claim compensation with no witness statements.

What is the balance of probabilities?

In criminal cases, there must be proof, beyond a reasonable doubt, that the defendant is guilty. However, the courts will rule based on the balance of probabilities in civil claims such as personal injury cases.

A judge will review both sides of the case and, based on the information presented, determine the most realistic and probable scenario.

To receive compensation, your account of the events must be more likely than the defendant’s, even if the balance is only 51% in your favour.

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, but it is by no means 100% essential.

What if a witness is reluctant to testify?

In some cases, witnesses may be unwilling to come forward. For example, if you had an accident at work, a coworker might worry that your employer will retaliate if they provide testimony to support your claim.

If a witness is reluctant to give a written statement or testify, your solicitor can work with them to address their concerns. If they are your coworker, your solicitor will explain that employers cannot legally discriminate against witnesses or take any action against them.

Often, explaining the legal process can help ease their reluctance and change their mind. If this does not work and a witness still refuses to cooperate, your solicitor can ask the court to issue a witness summons (Form N20). This is usually a last resort, as most witnesses eventually agree to give evidence.

Do witnesses have to go to court?

Most personal injury compensation claims (more than 96%) are settled without court proceedings. That’s because it saves both parties time, effort and money and gives them complete control over the outcome.

But if liability is disputed or you cannot agree on compensation, you may have to argue your case before a judge. If this happens, having as much evidence as possible is especially important, and any potential witnesses can make a real difference.

Witnesses do not always have to go to court in person. In many cases, written statements are sufficient evidence to support a claim. However, if their testimony is critical to the case or the other party is contesting their statement, the court may require the witness to attend in person or via a video call. You should keep in mind that this is seldom necessary.

What types of accidents are typically supported by witness statements?

Witness statements can serve as key evidence in many types of accident claims because they can provide an independent, unbiased account of what happened. The most common situations where they are typically helpful include:

• Road traffic accidents – witnesses can describe how the collision occurred, the behaviour of drivers and the road condition and the time, helping to establish fault;
• Accidents at work – colleagues can attest to unsafe conditions, inadequate safety measures or the events leading to a workplace accident;
• Accidents in public places – in settings such as shops, restaurants and supermarkets, bystanders can help confirm hazards such as wet floors or poorly maintained premises;
• Sports accidents – spectators, coaches and other athletes can help establish liability for collisions, falls, and other incidents during sporting events;
• Criminal assaults – witnesses can provide accounts of how the assault occurred, how the perpetrator behaved and whether the victim instigated them.

What is the time limit for making a compensation claim?

If you were injured in an accident, you typically have three years to start a claim under the Litigation Act 1980, after which your case will be time-barred.

While you have plenty of time, it is best to start your claim as early as possible. This will ensure that you and any witnesses to the accident remember all the details and will make it easier to build a strong case.

There are some exceptions to the three-year time limit, which includes the following:

• There is no limitation date for a parent to start a child injury claim. The three-year countdown begins on the child’s 18th birthday, from which they have until 21 to start a claim themselves.
• The time limit is suspended if the injured party cannot handle legal proceedings. This could be due to the accident and subsequent injuries or a pre-existing condition such as Down syndrome.
• You have two years to make a claim through the CICA following a criminal assault.
• There is a seven-year time limit to claim through the AFCS if you were injured while serving in the military.

Start your accident claim with a no win no fee solicitor

If you are entitled to make an injury claim, your solicitor will work on a no win no fee basis. That means you do not have to pay them a single penny upfront or if your case fails, which removes any financial risk.

Under this agreement, you only pay your solicitor if you make a successful personal injury claim. If you win, your solicitor will get a success fee deducted from your compensation award. This can be no more than 25% of your compensation.

To find out more about how you can start and support a claim without witness statements, please call 0800 470 0474 or request a call back. You will receive a free case assessment with no obligation to proceed.