There Was No Witness To My Accident, Can I Still Claim?

By Daniel Fish. Last updated on 26th January 2024. You may be aware that if you’re injured in an accident caused by a breach in the duty of care owed to you, y2022ou could be eligible for personal injury compensation. When we discuss claims, we’re often asked “can I sue if there was no witness to my accident?”.

Therefore, that’s the question we’ll try to answer in this article. As well as showing how witnesses could help with a claim, we will also consider what other evidence could be used when witnesses aren’t available. Furthermore, we’ll look at when personal injury claims might be possible and how much you could claim.

no witness to my accident

What to do if there was no witness to my accident

We are here to help if you’d like advice on claiming. Our specialist advisors will discuss your claim with you during a telephone consultation and provide free advice. You don’t have to claim but, if your case is strong enough, we could refer it to a personal injury solicitor from our panel. Importantly, if your case is accepted, it will be managed on a No Win No Fee basis.

If there is no witness to your accident, this could lead to certain facts and circumstances surrounding the event being disputed. It’s possible this could affect your chances, but it doesn’t make a claim impossible.

Get In Touch With Our Team

If you have already decided that you would like to make a claim, please call our team today. We can be reached on 020 3870 4868. Alternatively, you can tell us about your claim online.

To learn more about how to make a personal injury claim without witnesses, please continue reading.

Services And Information

What Is A Personal Injury Claim Witness?

A witness in a personal injury claim is just one method of substantiating your allegation that the defendant is liable for your injuries. Importantly, you need evidence to help prove:

  • That you were owed a duty of care by the defendant
  • They breached that duty by being negligent. As a result, an accident occurred
  • Because of the accident, you were made ill or were injured.

If a witness saw what happened when the accident took place, your solicitor could contact them for a statement. This could be used to corroborate your version of events.

If you have been injured in an accident but there weren’t any witnesses, don’t worry as you could still claim. If you believe you were not responsible for the accident, please get in touch. We offer free case reviews and advice on your options. If there’s enough evidence to proceed, we could pass your case to a No Win No Fee solicitor from our panel.

What Is A Witness Statement?

Witness statements are documents that set out what happened during an accident.  Statements can be provided by you (as you would’ve witnessed what happened), the defendant and also any independent witnesses. Importantly, the statement must be accurate and true.

It is worth noting, that statements might not always be required. For example, if the defendant’s legal representatives admit liability right from the start, then there will be no requirement for statements.

In the rare event that your case goes to court, a judge may use any witnesses available to them to try and apportion liability for the accident.

A Man Clutches His Injured Knee In Front Of A Wet Floor Sign. There Is A Lack Of Witnesses.

Calculate Compensation For An Accident Without A Witness

Now let’s take a look at what amount of compensation could be paid for your injuries. We should point out that claims can vary quite a lot. Therefore, please speak to an advisor if you’d like us to estimate a more accurate figure than those listed in our compensation table for you.

The data we’ve used to populate our table comes from the Judicial College Guidelines (JCG). Lawyers and insurers may refer to the JCG to help set compensation levels.

Edit
Body Part Affected Severity Settlement Bracket Extra Details
Multiple Severe Injuries and Costs Very Serious Up to £250,000+ Settlements may include compensation for more than one very severe injury and related costs such as home and vehicle adaptions, physical therapy and lost earnings.
Arms Amputation £109,650 to £130,930 Above the elbow arm amputations (single arm).
Back Severe (iii) £38,780 to £69,730 Continuing severe pain and discomfort, impaired agility, impairments to sexual functioning, depression, personality changes, arthritis risk and alcoholism due to disc lesions, fractures or soft tissue injuries.
Neck Severe (iii) £45,470 to
£55,990 		Dislocations and fractures that result in chronic suffering because of a permanent disability.
Legs -Severe Injuries Moderate (iv) £27,760 to £39,200 Complicated or multiple fractures of a single limb.
Hips Moderate (i) £26,590 to £39,170 Significant hip injuries but there will be negligible risk in the future plus any disabilities will not be major.
Toe Amputation Around £31,310 Covers the amputation of a great toe.

To prove how much you’ve suffered, you will need a medical assessment during your claim. This will be handled by an independent medical specialist. Usually, the solicitors on our panel can make local appointments. After the assessment has ended, the specialist will produce a report. This will explain how your injuries have affected you and if you are likely to suffer in the future.

If your injuries have resulted in you sustaining financial losses or expenses, you could make a special damages claim as well. Again, what can be included will vary from case to case. You could claim:

  • Medical costs – to cover prescription costs and non-NHS services.
  • Travel related costs – such as fuel or parking costs linked to hospital visits.
  • Loss of earnings – if you lose money while off work recovering.
  • Future lost earnings – where your ability to work is adversely affected in the long term.
  • Modifications to your home – to help you cope with any disabilities.

Our team are happy to review your claim with you. As part of the telephone consultation, we could advise you of what special expenses might be included in your claim. Therefore, why not give us a call today to start the ball rolling?

Other Evidence To Support A Personal Injury Claim

So, as we’ve said, the answer to the question, “Can I be compensated if there was no witness to my accident?” is ‘yes you can’, but you will need other forms of evidence. This is key because you must be able to demonstrate the cause of the accident, liability and the injuries you’ve sustained. Therefore, following any type of accident, you should:

  • Take photographs. Use your phone to capture the accident scene in a photograph or video. Ideally, this will show the scene before the cause is removed.
  • Look for CCTV footage. If the area is covered by CCTV, try to get hold of a copy of the footage. Most businesses who are filming an area will put up a sign to say who is responsible for the cameras.
  • Get medical evidence. Your injuries should be treated as soon as possible. Rather than just accepting first aid, you should attend A&E or visit your GP. Medical records can help to show what injuries you sustained.
  • Report the accident. Accidents on business or public premises should be reported where possible. The log could help to prove that a) the accident took place and b) where and when it happened.

If you would like us to review your evidence, why not get in touch? We could pass your case to a personal injury solicitor from our panel if there’s enough evidence to support it.

A White Evidence Notebook Held Over A Table.

Time Limits To Claim If There Was No Witness To An Accident

As we mentioned previously, injury claims are time-limited. The amount of time you’ll have will depend on the type of claim you’re making. Here are some examples:

  • Adult injury claims. You’ll have 3-years to claim. This will either begin from the date of the accident or from when you found out about your injuries (date of knowledge).
  • Child injury claims. As a child cannot represent themselves legally, a responsible adult can represent them. Claims are possible at any time before the child becomes 18-years old through the litigation friend process. If a claim isn’t made, when the child becomes an adult, they can submit their own claim before their 21st
  • Adults without the mental capacity to claim. If an adult claimant is not able to represent themselves because of a lack of mental capacity, the 3-year time limit will not apply until such time as they have recovered. If it is likely that they won’t recover, a friend or family member could become their litigation friend to represent them during their claim.

Claim For A Personal Injury With A No Win No Fee Solicitor

You might ask, ‘There was no witness to my accident, can a solicitor still help me?’ One of the solicitors from our panel might be able to support your claim if it is valid, even without witness evidence. Our panel offer their services on a No Win No Fee basis under a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement.

When your solicitor works with you under this type of agreement, they usually don’t take any upfront or ongoing fees for their services. Furthermore, they won’t ask you to make a payment for their work on your case if your personal injury claim is not successful.

However, if your case outcome is successful, they will take a success fee from your awarded compensation. This amount is a small percentage that is legally capped.

A Personal Injury Solicitor Sits With His Hands Folded At A Desk Next To Gavel And Scales.

Get In Touch To Start Your Claim

Our advisors are standing by to help you. We will have a few questions for you to determine whether or not you could have a valid claim. If we think you could be owed compensation then we may be able to connect you with an expert lawyer from our panel.

Even if there was no witness to your accident, this doesn’t necessarily make it impossible for you to make a successful claim. Reach out today to begin the process.

Other Information

We have almost finished this article about how witness statements can be used to support an injury claim. Therefore, to provide additional support, we have linked to some extra resources that might help you.

Thank you for reading our guide on making a claim when there was no witness to your accident.

Writer TB

Checked by EI.