After the accident, I immediately went to the suv where the driver and her son were emerging. I asked if they're ok and the driver replies with "I'm sorry I braked late". I said that's not important right now but are you ok. Everyone was fine but a little shaken up. A witness from another vehicle approached offering water. When I was questioned by an officer, I made mention of the driver saying this to me.
Months later and I finally receive my disclosure only to find the police never took any statement from anyone at the scene except myself. Not only that, but they never bothered to get a statement from the other driver at any point. There is a statement from her son who was the passenger in the car which was given at a later time and the language looks more than coached. A statement from the witness which was emailed at a later time.
Any advice on how I should proceed or whether the lack of a statement from the other driver will benefit me?
Thanks in advance.
http://www.ontariohighwaytrafficact.com ... tml#p36951
Then you might want to read this:
So when I go to trial, who is providing evidence against me since the officer wasn't there at the time of the accident and the other driver never gave a statement. Can a passenger (her son) statement carry that much weight? Especially with my opinion of the driver stopping suddenly?
They can also try to use your own statement against you as well. But the Charter guarantees you the right not to testify against yourself (unless you VOLUNTEER the information). Of course you were REQUIRED/COMPELLED to give the police officer a statement yourself because you know the law says you have to do so after an accident (otherwise you can be given additional tickets), and therefore the information and statement you gave was not voluntary and you can then argue that therefore they should not be able to present it as evidence.
I know they do in criminal court but cannot recall if they do in this particular court setting.