Can I Claim Compensation Even If There Was No Witnesses To The Accident
By Marlon Cooke. Last Updated 24th February 2023. One of the most important parts of making any type of personal injury claim is being able to prove that your injuries occurred, and how they were caused. You need to show the defendant is liable for your injuries. One question we are asked at times is can you claim compensation with no witness?
Being able to show that the defendant owed you a duty of care is usually a clear legal matter. If your injury was caused by employer negligence, or by an error on the part of a doctor, it should be easy to show they were liable for what happened to you.
Part of proving that they were responsible is having supporting evidence such as an independent witness to do so. Having such a statement to corroborate your version of events can provide a strong base for your claim. So, can you claim compensation with no witness?
Whilst a witness is important, it is still possible to make personal injury claims without eyewitnesses.
To start your personal injury claim, contact us today by calling 0800 073 8804. Find out how you can claim compensation with no witness. You can also contact us and talk to us about your claim online.
Select A Section
- A Guide To Claiming Compensation With No Witnesses?
- What Are Witnesses In A Compensation Claim?
- What Is An Independent Witness?
- How Important Is The Role Of An Eyewitness To A Compensation Claim?
- What Will Happen If There Are No Witnesses To Your Accident?
- What Does ‘Balance Of Probabilities’ Mean?
- Do Personal Injury Claims Go To Court?
- What Other Evidence Can Be Used In Compensation Claims?
- Examples Of Personal Injury Claim Amounts
- No Win No Fee Claims Without A Witness
- How Our Team Can Help You Make A Claim
- Speak To Our Team Today
- Frequently Asked Questions
- Useful Links
A Guide To Claiming Compensation With No Witnesses?
One of the challenges if you want to claim compensation with no witness is that you may have less evidence that someone else caused your accident. Claims which have an independent witness providing supporting evidence will carry more weight than those without them. A good example of this could be he said, she said car accident. If the other party does not accept their liability it can be difficult to prove your claim. However, with a witness providing other evidence, your claim now carries more weight.
As such, whilst you can claim compensation with no witness, it is more difficult to do so.
What Are Witnesses In A Compensation Claim?
What is a witness? In the most basic sense, they are someone who saw your accident or injury happen and could see the cause of it. In the case of an accident at work, this could be a colleague who saw you have a slip, trip, or a fall. An independent witness car accident can be extremely helpful in grounding the case and establishing liability. Witnesses may also have expert knowledge about what led to the accident and your injury happening.
What Is An Independent Witness?
An independent witness car accident can be a valuable part of your case. Someone involved in a road traffic accident could ask a passenger to be a witness. They may have seen what happened and what led to the accident. In the case of a car accident with no police report, or no witness, it can be difficult to prove what happened and to claim without a witness.
Independent witnesses are people who have a good degree of knowledge of how the accident happened but is not biased towards or against one party’s point of view. If you ask a passenger to be a witness, they will probably not be considered an independent witness.
How Important Is The Role Of An Eyewitness To A Compensation Claim?
Having no witness to an accident can lead to disputes over the facts and circumstances of the event. Whilst other evidence can be very important Having an eye witness to your injury can provide that crucial boost to your claim. The witness, even a reluctant witness, will help to show that you are not exaggerating your claim and that it is on solid ground.
However, please remember that a witness is important but not essential and numerous claims are still won without a witness.
What Will Happen If There Are No Witnesses To Your Accident?
Your witness does not have to be someone who saw your accident happen. In the case of an accident at work, they could be someone who saw a similar set of circumstances happen at another time. A witness could also be someone who has seen the effect the injury has had on you, such as a friend, or a family member.
What Does ‘Balance Of Probabilities’ Mean?
You should still make a claim without a witness, such as a car accident no witness. In the case of criminal prosecutions, the prosecution must show that the defendant is guilty beyond reasonable doubt. This sets a very high standard of proof that must be met.
Personal injury claims operate within a different system which helps you claim compensation with no witness. Your case will be decided on the balance of probabilities. This means that your personal injury solicitor will have to show that on the balance of probabilities there is a greater than 51% chance that your version of events is correct.
When making a claim with no witness, you could be able to prove your claim with supporting medical evidence. This could show that your version of how your injury happened is the more likely explanation.
Do Personal Injury Claims Go To Court?
Generally, litigators on both sides of a claim will try to avoid a case going to court as it can prove costly. This is one of the reasons that most personal injury claims do not go to court.
As we have said, having few or no witnesses to corroborate your claim does not mean your claim will fail. There are other forms of evidence that you could find helpful.
You can reach out to one of our advisers for direct information about how a lack of witnesses could affect your potential claim. If you can present a valid claim, they may be able to connect you with one of our personal injury claim No Win No Fee lawyers to directly advise you about how your claim could proceed.
What Other Evidence Can Be Used In Compensation Claims?
If you need to claim compensation with no witness, there are different ways to supply evidence. You can claim compensation with no witness by doing things such as photographic the scene of your accident,as well as your injuries directly after and over a period of time. Things such as CCTV could provide video evidence of your accident happening.
If you were involved in an accident at work, in a shop, or a public place, you should have recorded your accident in the business’s accident book. If you are too injured to do so at the time, ensure someone else does this on your behalf.
Examples Of Personal Injury Claim Amounts
If you have suffered an injury and need to make a claim using a personal injury solicitor, there are several types of compensation you can claim. The two main types are general damages and special damages. General damages compensate you for your physical or psychological injuries, examples of which are set out in the table below.
| Injury | Level of severity | Amount | Further injury notes |
|---|---|---|---|
| Fractured arm | Simple | £6,190 to £18,020 | Forearm fractures |
| Fractured arm | Severe | £90,250 to £122,860 | These injuries will not require amputation, but will fall just short |
| Amputated arm | Single arm | £102,890 to £122,860 | Above the elbow |
| Amputated arm | Both arms | £225,960 to £281,520 | Complete loss |
| Injured foot | Severe | £39,390 to £65,710 | Both heels fractured |
| Injured foot | Very severe | £78,800 to £102,890 | Permanent and lasting disability |
| Injured back | Moderate | £26,050 to £36,390 | Compression/crush fractures |
| Injured back | Severe | £85,470 to £151,070 | Spinal cord and nerve root damage |
| Injured neck | Severe | In the region of £139,210 | Associated with paraplegia |
| Injured hand | Serious | £27,220 to £58,100 | Capacity of around 50% lost |
| Injured hand | Less serious | Severe crush injury that leads to significantly impaired function | £13,570 to £27,220 |
Special damages are paid out for things such as expenses you have had to pay for. This might include the cost of travelling to medical appointments, and of that medical treatment. You can also claim for the cost of care and of adaptations that have had to be made to your home. You can even claim for any loss of earnings you have lost whilst unable to work.
Head to our compensation calculator for another valuation.
No Win No Fee Claims Without A Witness
No Win No Fee contracts, also called CTA’s or Conditional Fee Agreements are a way for you to claim the compensation you deserve, without having to take on any financial risks or burdens. There are no upfront fees, and your solicitor will assume all the risks in taking on your case. If at the end of your case, you are not awarded compensation, you will not have to make any payments.
As long as you meet the criteria to make a personal injury claim, our team will be able to help you do so, without you having to worry about claiming damages.
How Our Team Can Help You Make A Claim
Having the right personal injury lawyer working on your claim can make your claims process go smoother. The right team can help you claim compensation with no witness. They will be able to put together a solid claim and case using the evidence available. We have an excellent team of personal injury lawyers who can help you make a claim.
Speak To Our Team Today
Contact us today using the number above, via our contact form, or by sending us information about your claim by email to info@legalexpert.co.uk.
Frequently Asked Questions
How important is a witness in an accident?
Whilst having someone there who witnessed your accident can be a useful piece of evidence, it is not necessarily essential. There are other forms of proof that you can acquire to help support your claim.
For instance, CCTV footage, photographs, and medical reports can all be useful. If there was a witness present, however, then their statement can support your version of events.
Can a friend be a witness to a car accident?
Yes, anybody who was there to see how you were injured can act as a witness. This includes friends and family members.
What is an independent witness in a car accident?
An independent witness is someone that saw the accident with their own eyes but is not directly affiliated with any of the parties involved. In other words, they need to have seen what happened, but they cannot know anyone involved.
An independent witness can sometimes be a more valuable resource, as it can be less likely that bias can enter the equation. To put it another way, someone with no relationship with any involved parties can be less likely to “take sides”. However, this is not a guarantee.
What do I do if the third party is lying about a car accident?
You would need to prove that you were not responsible for the accident. As mentioned in the guide above, this reinforces the importance of gathering evidence to support your claim.
This includes witness statements. Hiring a solicitor can be helpful during this process as they can assist you and offer guidance.
Useful Links
How To Make A Compensation Claim
Find out more information about how to make a personal injury claim with this comprehensive guide.
Road Traffic Accident Claims
If you have been involved in a road traffic accident, find out how to make a compensation claim.
Other Helpful Guides
- How Much Compensation For Car Accident Claims?
- Car Park Accident Claims
- Hit And Run Accident Claims
- Must You Be An Employee For Claim For A Workplace Injury?
- Acid Attack Victims And Claims
- Learn if a whiplash claim can be refused through our helpful whiplash injury claim guide.
