So about 3-4 months back, I witnessed an accident happen right in front of me. Stopped my car in time, pulled over, and got out (with my friend) to see if there was anything we could do. As no one was bleeding / broken / MI’ing, basically we talked to some women who were mildly shocky. After the EMS came along, the police on scene had me fill out a report. All hunky-dory. I just got a call today from an insurance agency who wants me to give a verbal statement. The statement is postponed until after the new year (the agent was understanding when I told her that I was finishing some important papers today, and she’s out all next week).
The problem: I can barely remember a darned thing. It was late, I was tired, it was dark. I can rember some things (obviously), but details? A little fuzzy.
The question: Can I get ahold of that report that I wrote? Boy howdy, would that help jog my memory. (I had a hunch I’d get a phone call, so I tried to be as specific as I could.)
Anyone familiar with these situations? (If it helps, the event took place in Rhode Island.)
They are not likely to ask you very much other than some general questions: were you there, what time of day was it, what did you see… I’ve had a couple of these calls and found them to be very general.
It’s not a pass/fail test. People have this problem all the time. If you don’t know something at all, they may ask you to give ranges (e,g. Give a range of speeds that you think car X could have been going). You just do the best you can.
As **Shagnasty **says it’s not a test. If you don’t remember, you don’t remember. And you can always say something like, “I’m sure whatever I said in the police report is correct . . .” or, “Can I see the police report? I need to refresh my recollection.”
As lonesome loser says, you should be able to get a copy of the report from the cops.
If the case were in litigation, many state courts have rules similar to the Federal Rules of Civil Procedure which provide in part,
That rule won’t help you if the case isn’t in litigation though, and since you didn’t give the statement to the insurance company, they probably wouldn’t have to produce it anyway.
Did you ask the insurance agent person for a copy of the report? Odds are good they have it, so they should be able to send it to you. That would probably be the easiest way to get it.
I’m curious as to which insurance company wants your statement. Was there a person who was clearly at fault in the accident? If so, was it the plaintiff’s or the defendant’s company who contacted you?
I’m an insurance agent in New York State. At 3-4 months post accident the property damage involved should have been settled. It sounds like one party is bringing suit against the other.
If the defendant’s insurance company contacted me 3-4 months after I was witness to an accident, I’d think that they were hoping I’d say something to contradict the statement I made at the scene. In which case I would simply tell them that the statement I gave at the time of the incident would be far more detailed/accurate than anything I could remember now after several months.
That’s me though, naturally untrusting.
Just tell the truth no matter who contacts you. If you don’t remember something tell them to refer to your earlier statement.
Well, actually, it’s more like < 2.0 months… :smack: I guess that’s a good sign right there how good my memory has been… :rolleyes: (Tho, I did just finish for the semester, and it was a bit late when I posted.) My buddy and I were on our way for halloween supplies, so Oct 28ish. (And for the ins. co., I’m sure there have been some thanksgiving time off, etc. so, for them < 1.5mo.)