Q Can I still claim even if I can’t recall the actual crash?
‘I can’t remember the accident but there are several witnesses’
I had an accident when overtaking and the driver who hit me said I was going above the speed limit and was riding erratically. He said he was attempting to turn right and was indicating. I can’t remember much about the accident but there are witnesses. Some of them say I was speeding while others say I was not and some of them say the other driver was indicating and turning appropriately while others say that he pulled out fairly sharply. This uncertainty means my solicitors are considering dropping my claim. Mario Vulevic, email A Considering liability, or who is to blame for the accident, the majority of cases turn on the witness evidence of the parties involved and independent witnesses. If you are unable to remember the accident it will cause some difficulties but that does not mean you will not potentially be able recover any compensation. There appears to be some disagreement between the witness evidence and this evidence needs to be considered carefully. What your solicitor could do is obtain evidence from an accident reconstruction expert. This expert will consider all the witnesses’ statements, the damage to the vehicles and the accident scene in order to try and accurately determine what speed you and the other driver were travelling at, and for how long you would have been visible to the turning vehicle. This could be very valuable to your case.