Mention by the plaintiff of the fact that there were witnesses might underscore plaintiff’s ability to prove that the holder of an insurance policy from the adjuster’s company could be found at-fault, for the injury-causing accident.
Plaintiffs should cooperate with any adjusters that have expressed a need for witnesses’ names and addresses.
• Refusal to provide the names qualifies as a lack of cooperation.
• Refusal to provide the addresses qualifies as evidence of a failure to cooperate with the adjuster.
Lack of cooperation invites the creation of suspicion in the adjuster’s mind.
The personal injury lawyer in Waterdown is aware that the development of that suspicion could result in a lowering of the insurance company’s readiness to work with the plaintiff. By the same token, development of that suspicion could lower the value of the witness in the adjuster’s mind.
The rights possessed by each witness; plaintiffs should acquaint witnesses with their rights.
The right to decide against speaking with the adjuster and the right to ask that his or her ID not be shared with the adjuster.
The right to decide how a conversation with any adjusters might take place; the ability to choose between a phone call and a face-to-face interview.
Witness would be allowed to contact the adjuster’s office, instead of waiting for a phone call from that same office.
A listing of those rights would include that of refusing to provide the insurance company with a written statement.
No witness under obligation to take part in an in-person interview.
No witness could be forced to sit for the recording of a statement.
Any of witnesses could exercise the privilege/right of refusing to speak with anyone at the insurance company, except the adjuster.
Among listed rights is that of refusing to put signature on a written statement.
Among listed rights is that of refusing to return to scene of accident, while in the adjuster’s company.
Ways that the plaintiff-witness team might exceed the boundaries that were defined by that same team’s permitted actions.
While plaintiffs are allowed to acquaint witnesses with their rights, none of them is supposed to tell a given witness what he or she should say. Plaintiffs should not direct the choices made by any of the witnesses. If one of them feels comfortable about meeting face-to-face with one of the adjusters, none of the plaintiff’s comments should alter or influence that same choice.
Plaintiffs’ desire to cooperate with adjuster should not become a reason for ignoring a witness’ request, such as a request that his or her ID not be shared with others.
Plaintiffs should respect any refusal that has been made by a witness, including any refusal to place a signature on a document with the witness’ delivered statement, regarding the accident.