NP&CE - Is this legal?

[anodyne]

I witnessed a minor accident last week.  I would have been late to work, so I left my number with the people involved.  I spoke with an officer later that day and gave my statement.  I just received a call from the person who seemed at fault to tell me that the statement I gave was incorrect and that her lawyer would be contacting me.  I know I gave her my number, but once lawyers start getting involved and I am listed as a witness on the police report does that mean she should not be calling me.  

A friend told me , "you are nicer than I am, if I didn't have damage I would have kept driving"  I have a feeling that is what I should have done.

[StrawberryBlondie]

Why would that be illegal?


Edited to add for clarity: probably not the smartest thing to do. But, illegal is a really high bar.

[WanderingWinoZ]

Feb 27, 2018 13:51:37 GMT -5 anodyne said:

I witnessed a minor accident last week.  I would have been late to work, so I left my number with the people involved.  I spoke with an officer later that day and gave my statement.  I just received a call from the person who seemed at fault to tell me that the statement I gave was incorrect and that her lawyer would be contacting me.  I know I gave her my number, but once lawyers start getting involved and I am listed as a witness on the police report does that mean she should not be calling me.  

A friend told me , "you are nicer than I am, if I didn't have damage I would have kept driving"  I have a feeling that is what I should have done.

not a lawyer at all....just my experience trying to work with witnesses...

You can refuse to take their calls. They have no basis to threaten you or any legal grounds to harass you. 

If you really care, you can request a copy of the police report & make sure that the cop transcribed what you said correctly.

If the involved parties sue each other, one may hire an investigator who would likely contact you to get a more detailed version of what you'd say.  If it was something favorable to them, they may way to depose you. You could willingly cooperate & or they could issue a subpoena for you to testify.

[WanderingWinoZ]

Feb 27, 2018 13:57:03 GMT -5 StrawberryBlondie said:

Why would that be illegal?


Edited to add for clarity: probably not the smartest thing to do. But, illegal is a really high bar.

Agreed, we always try to get witnesses to cooperate, so it's best to be polite and friendly with them instead of making them upset with you b/c then they may be unwilling to come in for a deposition or change their story.

[WOT?*]

Not illegal but certainly not the smartest move. Her attorney may simply be calling for clarification. Her insurance company may call for clarification. You're a nice person wanting to help and I commend you. (I do the same thing, but after spending years doing personal injury and insurance defense it's my automatic go-to as a nice person. lol.) However, you have the right to also say "Look, don't call me again. I've already given my statement and clarification." They do *not* have a right to intimidate or harass you. And certainly doing so is not in their best interest. Because hellooooo, they want you to be *their* friend and support *their* story.

[mrs.jacinthe]

I'm not a lawyer. But while it's probably legal, it seems dumb to do that. Honestly, I'd be most interested in protecting myself at this point, because that person seems a little off. Call the police department to whom you gave your statement and let them know that you received this call and want it documented in case further craziness occurs.

[AAM2012]

I would speak to insurance companies but not an attorney..especially for someone who’s at fault and annoying me.

You’re not really obligated to speak to anyone but nice to set he record straight for insurance reasons.

[WOT?*]

Feb 27, 2018 19:52:00 GMT -5 AAM2012 said:

I would speak to insurance companies but not an attorney..especially for someone who’s at fault and annoying me.

You’re not really obligated to speak to anyone but nice to set he record straight for insurance reasons.

The lawyer can get your statement from the insurance company. You don't need to lather, rinse, repeat.

[jeaniebueller]

You don’t have to talk to them. I wouldn’t talk to anyone but I’m obstinate like that.

[AAM2012]

Feb 27, 2018 19:55:46 GMT -5 WOT?* said:

Feb 27, 2018 19:52:00 GMT -5 AAM2012 said:

I would speak to insurance companies but not an attorney..especially for someone who’s at fault and annoying me.

You’re not really obligated to speak to anyone but nice to set he record straight for insurance reasons.

The lawyer can get your statement from the insurance company. You don't need to lather, rinse, repeat.

OP would need to give permission to share. But to each his own.

Edit:
I work in insurance and it super sucks when two drivers are saying two different things and the witness won’t cooperate. Especially sucks for the innocent party who may not have collision coverage through their own carrier. But depends on what the police report says, some are thorough and some are not. Also some take forever to get a copy of.

[akafred]

I was just lurking and stopped in. Any lawyer worth their salt is not going to intimidate you. What good would that do them or their client? That is, if the at fault driver even has a lawyer yet. They sound both at fault and unstable.

Anyway, probably not illegal if they weren't threatening or harassing you. But you're absolutely in the right to not speak to them also. Speaking with the insurance company would probably be much more productive.

[sonrisa]

that sounds like someone who doesn't actually have a lawyer. i hope she leaves you alone going forward.