Witnesses can be used in insurance settlement negotiations to assist one side in demanding more money or the insurance company denying additional compensation funds. Negotiations, though, are extremely different than a court case, and the use of witnesses must be altered to fit their circumstances to have any affect.
The Uses of Witness Statements in Negotiations
Witness statements can be used in settlement negotiations to support an argument, refute an accusation or argument or to place fault for an accident. All of these aspects are important parts of negotiations because they will affect or determine whether compensation is paid to a party. Most of the time, witness statements when negotiations begin will be provided through police reports or interviews. While your attorney may have interviewed witnesses, depositions will not yet have occurred. The actual, tangible statement of a witness, therefore, is quite small at negotiation time.
Negotiations and Witnesses
Negotiations occur outside of court, potentially through mediation. Negotiations are not governed by legal rules, even though mediation may be court ordered. Therefore, technically there is no role for witnesses during negotiations. This does not mean that witnesses and their statements about the accident cannot be used, but that their presence is not required.
Witness Statement and Presence
During negotiations, you may not be able to have a witness present merely because the negotiations could occur over the phone. If you voluntarily or are required to attend mediation, a witness will not be allowed into your room with you and your attorney because that portion of mediation is considered confidential. The best bet for using witnesses during settlement negotiations, then, is to rely on their statements as foundations for your demands or refusals of the other party’s requests.
Statements and Negotiations
It is unlikely that a witness will have been deposed prior to negotiations beginning. Therefore, exactly what the witness will say is unknown. Therefore, you will have to question the witness as much as possible to identify the major points of what he saw. You can use these statements as a basis for your stance or requests during negotiations.
Statements and Mediation
Using a witness statement during mediation is similar to their use during non-mediation negotiations. The difference is that their use will be provided to the mediator and not the other party.
Getting Legal Help
If you have been involved in an auto accident and believe that a witness will assist your negotiations, seek legal help. An attorney will review what a witness knows and how their knowledge can be used in negotiations.
