If you have submitted a personal injury claim to a defendant’s insurance company, you might be asked to identify your witnesses. Understand that failure to share their names can be seen as a lack of cooperation.
Another reason for allowing insurance company to verify the information on your witnesses:
Performance of that action increases the company’s trust in what you have to say. It is possible that a witness might ask not to be named. If that were to be the case, then you should explain the witness’ request to the adjuster, preferably by writing a letter.
Witnesses have a fair amount of control over how their knowledge gets shared with any of the adjusters from the defendant’s insurance company.
Witnesses have a right to specify how a meeting with a selected adjuster must be arranged. In other words, any one of them could ask the adjuster to wait for their call, instead of having the witness wait for the adjuster’s call. None of your witnesses has to answer an adjuster’s request for a written statement. Each of them has the right to refuse such a request, as per the personal injury lawyer in Mundelein.
Sometimes adjusters express a desire for a face-to-face meeting with one or more of the witnesses. Still, each witness has the right to say that he or she does not want to be interviewed in person.A witness’ refusal might follow a request for a recorded statement. Such a refusal does not demonstrate a lack of cooperation. Adjusters must acknowledge that fact.
Sometimes adjusters want one or more of the plaintiff’s witnesses to sign a prepared statement. Any witness has the right to refuse to sign a statement that has been prepared at an adjuster’s direction. There are times when an insurance company might ask a witness to return to the scene of the reported accident. Witnesses do not have to make a second trip to that particular spot.
Each witness controls the details within his or her personal information that gets into the hands of the insurance company. For that reason, any witness’ meeting with a representative of the insurance company should take place when the adjuster has agreed to serve in the role of representative.
No claimant or plaintiff has the right to tell a witness what to say. It is not wrong to explain what facts none of the witnesses have an obligation to share. Still, that right should not be interpreted as the freedom to spell out every word that must come from the witness’ mouth.
It might seem tempting to give directions to someone that plans to be on the witness’ stand. Yet discovery by the opposing side of that violation could jeopardize your case.