Auto Insurance Claims: wittness to accident changing story, witness testimony

Question
I was in an auto accident Feb of last year. My question is... There was a witness at the scene and he gave a statement to the police and they put that statement in the report. Now this witness is changing his story saying i was at fault and the other drivers ins company is sticking with his new story and not the police report. Can they do this? Also my attorney tried to reach this witness but had no luck... Strange

Answer
Tami,

  It seems your attorney needs to contact the police officer that wrote the report.  The witness can change their story, it is strange, but it happens.  I would speculate that the witness simply is not recalling correctly.  Human memory is not that reliable, especially over a year old.  I think maybe the police report, police officer, and yourself might be able to "jog" the memory of the witness if you were able to contact them.  I wouldn't give up on the witness.  Send them a letter. . . call at night or on Saturday.  Don't give up.  I bet the witness is making an honest mistake and just needs a little refresher on how the accident occurred.  They'll change their story again and then the other company will be in a bind.

I hope this helps.