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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70699
Experience:  Over 5 years in practice
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I was knocked down in a car park over 2yrs ago and was admitted

Customer Question

I was knocked down in a car park over 2yrs ago and was admitted to hospital with a broken hip and smashed left elbow. A local solicitor is dealing with this but I recently asked him to contact traffic police for witness statements.We have CCTV footage of the accident + a statement by the PC who attended that was made 18months after the event to the company that is working on behalf of the insurance co of the driver.
I paid £108.48 for the statements but the police contacted my solicitor and they said they were returning the cheque as we had all the relevant information. Is there a procedure that police have to go through at the scene of an accident, do statements have to be taken. I was never asked to make one. Can they withhold any statements if I'm willing to pay for them.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
They dont have to take statements at scene and they wouldn't normally from somebody who is injured. Emergency situations give rise to the need for medical attention which is more important immediately than investigation.
They can withhold statements though. They are confidential. They have to disclose them to the defence if they intend to rely on them but they wouldn't disclose them otherwise save for by court order.
Your solicitors can get an order of disclosure from the civil courts. But probably there were statements taken either in S9 or in the form of interview from others. They are just not keen to disclose them without an order.
Can I clarify anything for you?
Jo