OBJECTIVES
 Understand when, why and from whom statements are taken
 Get a witness on your side to enable you to obtain their evidence
 Create a witness statement
 Appreciate the pitfalls and the problems in obtaining an incorrect
statement
AGENDA












Reasons for taking a statement
When should statements be taken
From whom should statements be taken
What to include and what to exclude
How to obtain a statement
Statement taking rules
Statement taking – document format
Assessing your witness
Pitfalls
12 Point Plan
Statement taking - a summary
Questions
WHAT IS A STATEMENT?
“A signed statement is a detailed report or a
verbatim statement written in the first person
by someone who has knowledge of an
accident or occurrence”
“It is the adjuster’s absolute duty to take an
intangible, incoherent and spotty “report”
and without changing the contents or the
personal idiosyncrasies, convert it into a
legible written account which will be clearly
understood by even the dullest Judge”.
REASONS FOR TAKING A
STATEMENT
 To prove your case - or disprove your opponents
 To give clients evidence of investigations
 To support a denial of liability (CPR)
 To jog a witnesses memory
 To prevent an alternative version of events
WHEN SHOULD STATEMENTS BE
TAKEN?
 As soon as possible after the event
 In all cases where we intend to deny liability either in full or part
 In all serious incidents where our clients potential exposure is high
WOULD YOU TAKE A STATEMENT
FROM THIS MAN?
FROM WHOM SHOULD
STATEMENTS BE TAKEN?
FOUR CATEGORIES
A Eye witnesses to the event
B Eye witnesses to events immediately before or after the accident
C Witnesses to background facts
D Negative witnesses
“Put your witness to the test”
WHAT TO INCLUDE AND
EXCLUDE FROM A STATEMENT
RULES
 Statements are in the first person
 Use the witnesses own choice of words
 Keep the witness honest - include “bad” evidence as well as
“good”
 Keep witnesses to the point
 No guesswork!
 No blame!
 Avoid profanity or derogatory remarks
 Make it legible
 Avoid hearsay
HEARSAY
HEARSAY
“Almost 1300 vehicles were set alight from Lille in the North to
Montpellier on the Mediterranean on Saturday night.
More than 30 vehicles were also burnt in the Place de la
Republic and the 17th Arrondissement in Central Paris.
Hormones in the brain may explain why women have fewer
motoring accidents than men. A study by the University of
Bradford suggests that women are twice as likely to switch
tasks to avoid an accident as a man because of the presence of
oestrogen. Men tend to carry on with the original task.”
HOW TO OBTAIN A STATEMENT
 Make sure the witness is there!
 Get the witness on your side - put them at ease
 Interview them one to one in a quiet environment
 If possible - assure them that they will have no financial, criminal
or disciplinary exposure
 Be flexible
 Explain
 Show an interest - do not be a know all
 Above all - listen
FORMAL RULES
 Contents
 The body of the statement
 The format of the statement
 What if the witness cannot read or write
 Alterations
 General rules for signature of statements
ASSESSING YOUR WITNESS
 What is your witness like?
 Will they be able to give evidence in Court?
 Do you doubt their integrity or impartiality?
WHAT GIVES A LIAR AWAY?
PITFALLS
 Rasool -v- West Midlands Passenger Transport Executive (1974)
 Alex Lawrie Factors -v- Morgan (1999)
SUMMARY
 The 12 Point Plan
 Summary
OUR OBJECTIVES WERE
 Understand when, why and from whom statements are taken
 Get a witness on your side to enable you to obtain their evidence
 Create a witness statement
 Appreciate the pitfalls and the problems in obtaining an incorrect
statement