Access to evidence

[Colin5705]

Well, in the voice of Victor Meldrew...I do not believe it!

My Insurance Company has just written to me saying the Claiment has just submitted to the them a "Police Report" naming me as the driver at the time of the incident.
You may recall that the JP Court case was all about me being unable to name the driver at the time of the alleged incident. In the event, the Proculator Fiscal decided not to call the case and we all went home. That was April last year. The alleged driver was never named in any document, so this "Police Report" is new. I've requested a copy of it.

However, my question is the original Witness Statements or how to get access to them. My lawyer of the time says, while she has them, she cannot pass them onto me, "as I'm afraid we are not allowed to send copies of the Crown witness statements or productions to you, it is the legal requirement of the Crown disclosure that no copies are made and passed on."

So simple question; Can I request these direct?
I live in Glasgow.

[atticus]

Can you view the document in your lawyer's office?

[Colin5705]

If push comes to shove, yes. Not convient though. I can recall most of the salient points but I was wanting to have a copy to hand. This thing should never have went to Court; not only did it go but still rumbles on, so I was really wanting to have all the facts to hand, less stress.

[Manxman]

I'd leave it to your insurers to deal with - though you'd obviously want to familiarise them with all the research etc that you did for the criminal case.

As I understand it the PF decided not to call the criminal case 16 months ago so I presume it's timed out now and can't be resurrected? (Sorry - don't know anything about Scottish criminal law).

I'd have thought all you need to do is to let your insurers deal with defending what I assume is a civil claim. The T&Cs of your insurance policy will say that you have to let them manage the claim anyway. You just need to give them any assistance and cooperation they require, and in particular you need to ensure ensure that they are made aware of all the evidence that you gathered last year that contradicted the police case and witness statements*

Bearing in mind that the PF basically dropped the criminal case, if I were you I'd make sure that I made it clear to my insurers that I wanted them to defend this civil claim vigourously and that I didn't want them to take any easy options, like 50:50

Good luck.

(By the way did you ever transfer the RKship of the car to your daughter?)



*One of your main points would be that if the witness statement that this "new" police report is based on is reliable, why wasn't it used in the criminal prosecution last year? Why has it only surfaced now? Isn't that a tiny bit suspicious?

[Colin5705]

RK, yes done as soon as I became aware. Closing the stable door etc.

My understanding is that not calling the case is just that. It can be called at any time. I'll be rechecking that.
As regards the Insurers; yes, told them I do not accept responsibility and asked them for a copy of this "Police Statement" (by email).
I'll be following that up tomorrow by 'phone.

Friends have suggested this will be driven by one of these "your recent accident" 'phone calls offering to pursue the case for a cut of any money recovered. A couple of folk have experienced this and warned me it drags on.

[Colin5705]

Well, eventually got a copy of the "Police Report"
It consisted of a few pages, half of which were undated photo's of my car driving in an unnamed street, no other vehicles show. The other half was a formal report recording (according to the Insurance co. personnel) a visit to a Police Station to report the incident and a search of the database to find the Reg. Owner; at that time, me. It recorded that no details had been exchanged at the time and the report was not contemporaneous with the incident. For some reason, the Report identified me as the driver and assumes I am the Registered Keeper. I think that is due to the nature of the format of the form, rather than a researched fact. The whole Report bears the named of research co.
My Insurance co. has decided to reject the Claim as they don't think this "Police Report" meets their criteria, which rather begs the question of why they did not reach that conclusion when they received it and save me all this anxiety.
So, nothing for me to do for the moment.

It gives pause for thought re. the case not being called at the JP Court. Can't help feel that it would be better for me to have a Not Guilty or the case formally dropped. (I know the JP Court and the Insurance Claim are not directly linked but decision would influence others prespective.)